(영문) 창원지방법원 2017.10.11 2017노1655 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2017.10.11 2017노1655

상해

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. We examine the reasoning of the judgment and the prosecutor together.

On February 1979, the court below set a sentence (one year of suspended execution) by taking into account the following factors: (a) the defendant's erroneous recognition of and reflects the defendant's mistake; (b) the defendant seems to have caused contingent crimes; and (c) the fact that he/she has no criminal records of suspension of execution or more than two years of suspended execution, other than punishment for forgery of private document; (d) the part and degree of injury is not easy; (e) the defendant has been sentenced to a fine twice as violent crimes; (e) the defendant has the record of being sentenced to a fine twice as violent crimes; (g) the damage has not been recovered; and (e) the defendant's age, sexual behavior, environment, means and result of the crime; and (e) the various sentencing conditions as shown in the arguments of this case, including the circumstances after

The grounds for the improper sentencing (a confession, the background leading up to the crime, the health condition) alleged by the defendant and the grounds for the improper sentencing (a serious injury and the failure to recover from damage) alleged by the prosecutor are considered to have been sufficiently considered in determining the punishment against the defendant. Unlike the above, the above conditions of sentencing have changed.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

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

유사 판례

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