(영문) 창원지방법원 2016.09.21 2016노1011 | 리걸엔진

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(영문) 창원지방법원 2016.09.21 2016노1011

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The judgment of the court below is that each of the crimes of this case committed the crime of this case is unfair in light of the following facts: (a) the defendant carried the head of the victim B at three times in a mountain stick (90cc in total length) that is dangerous for the defendant's dangerous object; (b) the part of the victim's head at two times in a clean stick (80cc in length, 1cc in diameter) in which the number of days of treatment cannot be known to the above victim; (c) the victim's head at two times in a mountain stick (1cc in diameter) that is dangerous object; and (d) the above victim's head at the right side, where the number of days of treatment cannot be known to the victim; (d) the crime of this case was bad; (e) the defendant continued to commit the crime after partial charge of the crime; (e) the defendant did not recover from damage until now; and (e) the defendant was punished for the same kind of crime.

However, it is advantageous to the fact that the defendant recognized all of the crimes of this case in the investigative agency, and that the defendant has no record of punishment exceeding the fine.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

유사 판례

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