(영문) 수원지방법원 2015.04.08 2015노548 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.04.08 2015노548

공갈등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment and fine of 300,000 won) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Each of the instant crimes committed by the Defendant was sentenced to three years of imprisonment with prison labor on January 2012 and committed each of the instant crimes even during the period of repeated crimes, due to the following: (a) the Defendant, while driving a vehicle with a vehicle using the vehicle, forged a contract for the use of the vehicle to show another person’s driver’s license; and (b) the victim was injured by a large number of victims within the traffic accident; (c) the nature of the crime is not good in light of the frequency, method, and details of the crime; and (d) the degree of damage to each of the instant crimes; and (e) the Defendant committed each of the instant crimes while serving as a repeated offender.

The circumstances favorable to the defendant include the fact that the defendant is attempting to commit a crime, that there is an agreement with some traffic accident victims, that the damage caused by the crime and the return of the vehicle, and that the damage has been restored to the property.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the lower court is deemed to be appropriate, too heavy, or is deemed to be unreasonable because it is too unreasonable. Therefore, the Defendant and the prosecutor’s argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected to add "Article 38 (2) of the Criminal Procedure Act" to "a concurrent offender" column in the application of the law of the judgment of the court below.

참조조문

-형법 제38조 제2항

-형사소송규칙 제25조 제1항

-형사소송법 제364조 제4항

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