(영문) 창원지방법원 2018.11.14 2018노1979 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.11.14 2018노1979

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be sentenced to imprisonment with prison labor for ten months);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court: (a) took into account the following circumstances: (b) the Defendant committed each of the instant crimes repeatedly within a short period; (c) the Defendant was arrested as a flagrant offender on June 18, 2018; and (d) immediately released on June 19, 2018; (b) sent the Defendant’s letter to the cafeteria “D” restaurant, stating that “if it does not cause any agreement, the Defendant would be subject to a disposition of suspension of business and a fine after undergoing a sanitary inspection of reporting with the Defendant; (d) was extremely poor in the circumstances after the commission of the crime; (e) establishing the state’s legal order and preventing the performance of official duties in order to eradicate climate; (e) there is a need for strict punishment against the Defendant’s previous convictions for the same kind of crime; (e) the confession of all the Defendant; and (e) the degree of favorable injury to each of the instant crimes due to minor injury; and (e) details and circumstances leading up to the Defendant’s sentencing, including the Defendant’s age of each of the instant crimes.

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The Defendant’s appeal is without merit.

유사 판례

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