(영문) 서울서부지방법원 2018.07.12 2018노353

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) 서울서부지방법원 2018.07.12 2018노353

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. In determining the sentence against the Defendant, the lower court determined the sentence by comprehensively taking into account the following circumstances: (a) the Defendant had a record of having been punished several times for the same crime; (b) the Defendant was sentenced to a suspended sentence of imprisonment with prison labor on a separate basis; and (c) the Defendant was committed six times during the suspended sentence of imprisonment with prison labor on a separate basis; (d) the Defendant was sentenced to a fine; (e) the time was sentenced to a summary indictment; and (e) the two times of the suspended sentence were committed against the instant crime; (e) the Defendant revoked the suspended sentence after the instant crime; and (e) was sentenced to imprisonment with prison labor upon the cancellation of the suspended sentence after the instant crime; and (e) was sentenced to imprisonment with prison labor in depth and not repeat the instant case during the period of detention; and (e) was committed by the victim, taking into account the favorable circumstances, such as the Defendant’s age, sex, intelligence, and environment; and (e) the motive, means and consequence of the instant crime;

Examining the above sentencing of the lower court in light of the record, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion.

There is no change in circumstances to regard that maintaining the sentencing of the court below is unfair in the trial.

Ultimately, the lower court’s punishment is appropriate, and it cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

유사 판례

-서울서부지방법원 2018.02.09 2017고단3370

-서울중앙지방법원 2020.06.12 2020노1057

-창원지방법원 2017.06.08 2017노476

-광주지방법원 2018.10.25 2018고단3310

-의정부지방법원 2018.08.21 2018노1561