logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.20 2016노2848
상해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (unfair imprisonment with labor for eight months) is too unreasonable.

B. The above sentence of the lower court is deemed to be too uneasible and unfair.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) the Defendant voluntarily surrenders to the police; and (c) the degree of injury caused by the instant crime does not seem to be serious.

On the other hand, the defendant has a large number of records of being punished for violence-related crimes, and has a record of having been punished several times, and the defendant was sentenced to imprisonment for one year and three months as a crime under the same Act, and has not completed the execution of the sentence and has not committed the crime in this case, and the defendant did not reach an agreement with the victim, and there is no obvious circumstance that he has made efforts to recover from damage.

Considering the above circumstances and other circumstances, such as the character and conduct of the defendant, the environment, the motive, means and method of the crime, and the circumstances after the crime, etc., the sentence of the court below is deemed appropriate as a punishment within the scope of its discretion.

Therefore, the defendant and the prosecutor's argument are without merit.

3. As such, the appeal 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.

arrow