(영문) 서울중앙지방법원 2018.05.03 2018노89

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(영문) 서울중앙지방법원 2018.05.03 2018노89

재물손괴등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below (the punishment amounting to five million won) is too unreasonable.

The punishment sentenced by the court below (five million won in penalty) is too unhued and unfair.

2. The period for filing an ex officio appeal against the Defendant’s appeal shall be seven days (Article 358 of the Criminal Procedure Act) from the date the lower court’s judgment was pronounced (Article 358 of the Criminal Procedure Act), and according to the records of this case, it can be acknowledged that the Defendant submitted to this court a written reason for appeal to the effect that he/she is dissatisfied with the above judgment on March 9, 2018, which was seven days after the date when the lower judgment was sentenced on December 21, 2017. Thus, the Defendant’s appeal is filed after the lapse of the period for filing an appeal, and it is obvious that the right to file an appeal is extinguished, and the Defendant’

Therefore, the defendant's appeal shall be dismissed by a ruling under Articles 362 (1) and 360 (1) of the Criminal Procedure Act. However, the defendant's appeal shall be dismissed by a judgment as to the prosecutor's appeal as follows.

3. In light of the fact that the Defendant was punished for violent crimes, and that the Defendant committed the instant crime during the repeated crime period and the victim’s damage has not been recovered, it may be possible to determine that the Defendant’s strict punishment is necessary.

However, on the other hand, in full view of the following circumstances: (a) the Defendant’s mistake is against the Defendant; (b) the degree of assault by the Defendant is not severe; and (c) the value of the damaged property is merely equivalent to 40,000 won; and (d) other circumstances that form the conditions for the argument and the sentencing specified in the record of the instant case, including the Defendant’s age, sexual conduct, environment, motive and background of the offense, means and method of the offense; and (e) circumstances after the commission of the offense, etc., the sentence imposed by the

Therefore, prosecutor's assertion is without merit.

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