beta
Text
The defendant's appeal is dismissed.
Reasons
1. The court below's scope of trial in this case dismissed the prosecution as to the violation of the Road Traffic Act among the facts charged in this case, and sentenced the remainder of the facts charged. The defendant appealed as to the guilty part, and both the defendant and the prosecutor did not appeal as to the dismissed part.
Therefore, the dismissal part of the above dismissal as well as the guilty part is transferred to the trial due to the principle of non-performance of appeal, but the dismissal part was already excluded from the object of attack and defense between the parties.
Therefore, the dismissal of the public prosecution above shall be governed by the conclusion of the judgment below, and it shall not be judged separately from the trial.
2. The gist of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment and fine of three hundred thousand won) is too unreasonable.
3. Circumstances favorable to the defendant, such as the fact that the defendant reflects the crime, the fact that both the victims have agreed with the victim, and the fact that the family and the branch wanting to have a preference, etc. seems to be clear, are circumstances unfavorable to the defendant. Meanwhile, in light of the circumstances and contents of each of the crimes of this case, it is not good that the crime is committed, there are several penalties for the same crime, and in some of the crimes, there is a prison power during the trial of the court below.
In full view of the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s health, occupation, family relation, age, character and conduct, environment, motive and consequence of the crime, the means and consequence of the crime, it is not recognized that the lower court’s punishment is too unreasonable.
Therefore, the defendant's above assertion is without merit.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.