(영문) 대전지방법원 2015.02.05 2014노2261 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.02.05 2014노2261

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and three years of suspended execution) of the original judgment is deemed to be too uneasible and unfair.

2. The crime of this case committed by the Defendant is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant, who is his father, saw the Defendant as the father, excessively fluored the victim and inflicted an injury in need of five weeks’ treatment; and (b) the Defendant has been sentenced to suspension of execution and fine for the same crime; and (c) the Defendant has been sentenced to suspension

However, it is reasonable to take into account the following circumstances: (a) the fact that the Defendant is breaking and reflecting his mistake in depth; (b) his father and alcohol appears to have caused the instant crime by contingency; (c) the victim has agreed with the victim; (d) the victim has repeatedly sought the Defendant’s wife against the Defendant; and (e) the Defendant’s family members want to have the Defendant’s wife against the Defendant.

In this context, the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court is from 2 years to 4 years of imprisonment, special injury, type 1, special spons (the elements of mitigation, the victim who remains in existence) and the basic area, the scope of the recommended sentence (two to four years of imprisonment), and the main reasons for the suspension of execution (the victim who continues to exist in existence, the positive and positive reasons for the suspension of execution), the suspension of execution. There are no changes in circumstances that may change the sentencing after the sentence of the lower court, and all other factors of sentencing, including Defendant age, character and behavior, environment, motive and circumstance of the crime, means and consequence, the sentence of the lower court cannot be deemed unfair because it is too uneasible.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per

참조조문

-형사소송법 제364조 제4항

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