logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.02.05 2019노3014
특수상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (e.g., imprisonment and six months) of the lower court is deemed to be too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

2. Determination of unfair sentencing by the public prosecutor and the defendant are also examined.

It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are the circumstances favorable to the Defendant: (a) the Defendant recognized and reflects his/her mistake; (b) deposited a certain amount for the victim; and (c) the Defendant’s family members want to take the Defendant’s wife against the Defendant.

Meanwhile, in light of the background and method of the crime, the degree of injury suffered by the victim, etc., the awareness of compliance, such as repeated committing the crime of this case, despite the fact that the crime of this case was committed several times, including the suspension of the execution of imprisonment for the same kind and type of crime, is weak, and the risk of repeating the crime of this case is high, and the risk of recidivism is not agreed with the victim, and the physical and mental damage suffered by the victim is difficult to recover easily.

Therefore, the court below determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the defendant, and there is no circumstance that can be newly considered in the trial.

In addition, comprehensively taking account of the various circumstances, such as the motive and means of the crime, and the circumstances after the crime, etc., the sentencing of the court below is too minor or minor.

arrow