logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.03.19 2015노477
상해등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that all of the crimes of this case committed by the defendant and his defense counsel (unfairness) committed a contingent act under the influence of alcohol by the defendant, and the victims do not want the punishment of the defendant, the judgment of the court below that sentenced the defendant one year and six months of imprisonment is too unreasonable.

B. In light of the fact that the Defendant, who was punished for the same kind of crime, committed each of the crimes in this case during the period of repeated crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

2. As the judgment of the court below properly revealed in the grounds for sentencing, the defendant can be punished for the same violent crime, and the character and conduct of the defendant are not good while committing the crime during the period of repeated crime, and the use of dangerous objects is not provided to many victims. However, the defendant's mistake is against himself/herself, the defendant has been recovered from damage caused to the victim by fraud and obstruction of business, part of the victim's carrying of dangerous objects is not the defendant's punishment. Considering the motive and circumstance of each crime of this case, the situation before and after the crime of this case, the degree of damage, the character and conduct of the defendant as shown in the records and arguments of this case, and taking into account various factors stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and conduct in the records and arguments of this case, the punishment of the court below against the defendant is judged to be appropriate, and it is not deemed to be excessively heavy or excessively unreasonable, and there is no ground for appeal in all of the above grounds for appeal.

3. Accordingly, the appeal by the defendant and the prosecutor are dismissed in accordance with Article 364(4) of the Criminal Procedure Act since the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

arrow