(영문) 인천지방법원 2018.10.04 2018노2492 | 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) 인천지방법원 2018.10.04 2018노2492

상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the accused recognizes the crime and does not have access to the victim.

In addition, the family and social relationship of one defendant seems to be relatively stable.

However, in this case, when the defendant forced the victim to continuously teach the victim, it intrudes on the apartment building of the victim who refused it, or assaults, injures, or confines the victim, and the crime is very poor.

As a result, the victim seems to suffer from extreme pain for a long time, and the defendant did not reach an agreement with the victim or receive a true statement.

The Defendant committed the instant crime while being tried to be tried for a separate crime due to the crime of rape during the period of repeated crime, and thus, is highly likely to be subject to criticism and is doubtful.

The court below denied the crime and tried to commit the crime only on the fifth trial day after the victim appeared in court and testified.

In the first instance court, the defendant's mother remitted one million won to the victim, but it is also difficult to view such a reason as a significant change in circumstances that could change the sentence of the court below.

In full view of all the sentencing conditions as shown in the records and arguments, including the Defendant’s age, health, sex, environment, motive, means and consequence of a crime, the circumstances after a crime, and the record of a crime, together with the above circumstances, the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed unfair because it is too heavy or unfeasible.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit.

유사 판례

-수원지방법원 2016.02.17 2016노158

-부산지방법원 2017.10.26 2017노3108

-서울고등법원 2017.01.24 2016노3066

-부산지방법원 2018.05.18 2018노15

-서울남부지방법원 2017.03.31 2016노2457