(영문) 대전지방법원 2019.07.10 2019노1275 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2019.07.10 2019노1275

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are the conditions favorable to the Defendant: (a) the fact that the Defendant recognizes and reflects his/her mistake; (b) the Defendant partly compensated the victim; and (c) the Defendant’s health is not good; and (d) the fact that the Defendant is a person with a disability of class

Meanwhile, in light of the method of crime and the circumstances before and after the commission of the crime, there is a bad character of the crime, and there is a history of having been punished several times for the same and different crimes. In particular, after having been sentenced to imprisonment for the same kind of crime and the execution of the sentence has been completed, each of the crimes in this case again committed during the period of repeated crime, and it seems difficult to expect it in the future, and the victim seems to have suffered a considerable mental shock.

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 cannot be deemed to be so excessive that the sentencing of the court below goes beyond the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조

참조판례

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

유사 판례

-대전지방법원 2019.06.12 2019노933

-의정부지방법원 2020.10.14 2019노2580

-수원지방법원 2021.04.14 2020노5292

-대구지방법원 2020.04.08 2019노5186

-대전지방법원 2019.03.27 2019노54