(영문) 대구지방법원 2018.07.26 2018노1785 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.07.26 2018노1785

상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of this case, Defendant 1 was physically and mentally weak due to exploitation.

2) The punishment sentenced by the lower court (an amount of three million won) is too unreasonable.

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

2. Determination

A. In light of various circumstances, such as the background of the instant crime and the Defendant’s conduct before and after the commission of the crime, which is acknowledged by the evidence duly adopted and examined by the lower court, it cannot be deemed that the Defendant did not have a weak ability to discern things at the time of the instant case.

Therefore, this part of the defendant's argument is without merit.

B. We examine each argument of the Defendant and the prosecutor regarding the unfair determination of sentencing together with the Defendant, and the lower court sentenced the above sentence, taking into account the favorable circumstances, such as the following: (a) the Defendant was committed against the Defendant at the time of committing each of the instant crimes; (b) the agreement with the victimized police officer; (c) the police officer sought the Defendant’s seat against the Defendant; and (d) the first offender.

The defendant spits or spits the police officer in the course of performing his duties, or exercises direct tangible power, such as assessing the face of the police officer by drinking, etc. The fact that the nature of the crime is significant is considered disadvantageous, and the defendant commits the crime against the victim, the victim is not punishable, and there is no record of criminal punishment against the defendant. In full view of other favorable circumstances, considering the defendant's age, sex, environment, circumstances leading to the crime, means and consequence, the circumstances after the crime was committed, etc., and all of the sentencing conditions specified in the records and arguments, it cannot be deemed that the lower court's judgment of sentencing exceeded the reasonable limit of discretion or it is unfair to maintain them as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the argument that each of the defendant and the prosecutor's punishment is unfair is without merit.

3. Conclusion.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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