(영문) 서울고등법원 2016.09.29 2016노2248 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.09.29 2016노2248

강도상해

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Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the court below is due to the following circumstances: (a) the Defendant affixed a photograph to the victim’s head, taken the victim’s money and valuables into consideration; (b) the victim suffered serious injury on the part of the victim; and (c) the victim was suffering from a post-post gift; and (d) the Defendant escaped to China immediately after the instant crime was committed.

On the other hand, the fact that the defendant reflects the crime of this case, and that the victim paid KRW 47 million to recover damage and agreed with the victim (Provided, That the victim is currently punished for the defendant as a result of the crime of this case continues to be bequeathed). The fact that the defendant has no record of punishment in the Republic of Korea is more favorable.

The lower court determined the sentence by comprehensively taking account of such circumstances as the sentencing guidelines determined by the Sentencing Committee and other factors as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the conditions of sentencing as shown in the arguments in the instant case, including the circumstances after the crime.

When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.

As there is no change in the sentencing conditions that can be seen as being unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too heavy or unbrupted.

Therefore, all of the defendant and prosecutor's unfair arguments about sentencing are not accepted.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit

유사 판례

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