(영문) 대전지방법원 2020.12.16 2019노3500 | 리걸엔진

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(영문) 대전지방법원 2020.12.16 2019노3500

총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering the fact that the Defendant committed all the instant crime, thereby seriously reflecting the fact that the Defendant committed the instant crime, and there are circumstances to consider the background leading up to the instant crime, and that there was a smooth agreement with the victims, etc., the sentence of the lower court (ten months of imprisonment and two years of suspended execution) is too unreasonable.

B. Considering the fact that the Defendant, who had been punished several times due to the crime related to the same violence as in the instant case by the Prosecutor, committed the instant crime at another time, and the risk of repeating the crime is considerable, and that the nature of the crime is not less less than that of the crime in light of the risk of committing the crime and the attitude of committing the act, the above punishment of the lower court is rather unreasonable.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to 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 it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the court below sentenced the above sentence to the defendant on the grounds of sentencing as stated in its holding. The circumstances alleged by the defendant and the prosecutor are already considered in the court below's determination of the sentence and the new sentencing data that could change the sentence have not been submitted. In addition, considering the defendant's age, character, environment, criminal records, criminal records, motive, means and consequence of the crime, and all of the sentencing conditions in the records of this case, such as the circumstances after the crime, etc., the court below's punishment against the defendant is deemed appropriate, and it cannot be deemed that the defendant is too heavy or unfeasible, and it exceeded the reasonable scope of discretion.

3. Conclusion.

참조조문

-형사소송법

참조판례

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

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