Defendant

Defendant

Kim Woo (Court of Second Instance) and Lee Jong-soo (Court of Second Instance)

Attorney Cho Chang-chul

Changwon District Court Decision 2017MaMa994 Decided December 21, 2017

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

2. Determination

Although the defendant shows the attitude of recognizing and opposing the defendant's criminal act when the defendant was in the trial, and his family members and branch members want to take a preference against the defendant, the crime without the defendant's criminal act is likely to actively infringe the state's judicial function and cause the waste of minor investigation personnel, not only to cause the person under serious criminal punishment, but also requires the person under serious criminal liability, and the defendant seems to have filed a complaint with the appellate court against the defendant in bad faith to take it back in the process of civil procedure with non-indicted 2, and in full view of the circumstances that are disadvantageous to the defendant, such as the defendant's age, character and behavior, criminal records, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed that the sentence of the court below is unreasonable because it is too unreasonable. Therefore, the defendant's assertion is without merit.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Cho Jae-hee (Presiding Judge)