logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.09.27 2016노2366
재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (two years of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the Prosecutor appealed to the lower court by asserting that it is too unfasible and unfair.

2. On 4 days after the defendant was sentenced to 1 year and 6 months of imprisonment for the same kind of crime, the defendant committed the crime of this case against the victim, such as the previous crime, and the method of the crime is very abnormal and cruel, and it seems that the risk of recidivism is very high because the defendant has been committed again without just one time for his/her sexual satisfaction.

In addition, the defendant does not have any effort to recover damage to the victim's property damage in the name of 30 million won, and the victim's severe punishment is not very good.

Meanwhile, considering the statutory penalty for the crime of destroying property and the crime of violating the Animal Protection Act, it is difficult to view that the imprisonment of two years exceeds the reasonable scope of discretion and is excessively minor sentencing.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow