(영문) 창원지방법원 2017.06.15 2017노425 | 리걸엔진

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(영문) 창원지방법원 2017.06.15 2017노425

특수상해등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The court below dismissed the prosecution against the Defendant regarding the assault among the facts charged in the instant case, and convicted the Defendant of the remaining facts charged.

Since the dismissal part of a public prosecutor’s appeal against the guilty part of the judgment of the court below for the reason that the sentencing was unfair, which was not appealed by the prosecutor, is separate and finalized depending on the expiration of the period of appeal, the judgment of the court below is to be made only for the guilty part

2. Summary of reasons for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

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

3. In light of the fact that the Defendant has been punished four times for violent crimes (three times for punishment, three times for punishment, and one time for punishment), the Defendant possessed excessive or gasoline, etc., it is difficult to deem that the Defendant committed any contingent crime under the influence of alcohol. The Defendant was not well aware of such crime, such as destroying a flag to a restaurant operated by the said victim, or destroying a building without being aware of the agreement with the victim C after the Defendant committed the crime of destroying property on September 11, 2016, and the Defendant attempted to damage a flag to a restaurant operated by the said victim or to prevent a fire, etc. In the case of the victim E, the Defendant was placed at the speed of one week for the wind to which the excessive amount is set, but the occurrence of a large number of human life may occur.

On the other hand, there are extenuating circumstances such as the fact that the defendant acknowledges and reflects all crimes, the victim C and E do not want the punishment of the defendant by mutual consent with the defendant, the defendant has no record of punishment for violent crimes in recent years, and the defendant's health conditions are not good due to urology, etc.

In addition, the defendant's age, environment, sexual conduct, circumstances before and after the crime, etc.

유사 판례

-대구지방법원 2017.08.11 2015노3322

-대구지방법원 2017.01.25 2016노4981

-부산지방법원 2017.03.31 2016노5017

-대구지방법원 2016.09.30 2016노1502

-부산지방법원 2017.04.21 2016노4460