logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.12.23 2015노1841
폭력행위등처벌에관한법률위반(상습상해)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s appeal is unreasonable that the lower court’s imprisonment (one year and six months) is too unhued.

B. (1) With respect to the crime of No. 2 at the time of the original adjudication, the defendant has no habitive walls against violence.

(2) The lower court’s sentence is too unreasonable.

2. Determination

A. According to the records on the grounds of appeal by the defendant, the defendant argued the same as the purport of appeal by the court below, and on this point, the court below rejected the defendant's assertion and recognized the habitualness.

As a result of comparison of the reasoning and records of the judgment of the court below in accordance with the legal principles relating to murdering and habitual nature, the decision of the court below that recognized the defendant's commission of violence in light of the contents and frequency of the previous criminal records, and the time and method of occurrence of this case is proper, and there is no illegality of law as to habitual nature.

Therefore, we cannot accept this part of the defendant's assertion.

B. Appropriateness of the sentencing of the lower court: The sentencing of the lower court for both reasons of appeal cannot be determined that the lower court’s punishment, which is the lower court’s lower court’s lower court’s sentencing, is too weak or unreasonable, when comprehensively examining various conditions of sentencing indicated in the arguments, such as the Defendant’s age, character and conduct, and home environment, including the following sentencing factors:

Therefore, both parties cannot accept the allegation of unfair sentencing.

A person who is under confinement: The defendant has been punished for a crime of the same kind of crime, even though the records of punishment have accumulated, the criminal liability for a repeated crime committed more than six days after release, the second crime was committed as a retaliation against the victim's reporting the first crime to the police, the victim's failure to recover the damage, etc.: The defendant has led all the crime, the result of the injury of the second crime is relatively minor, and the victim's non-compliance with punishment has been submitted in the trial.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is with merit.

arrow