logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.09.10 2018노3948
특수폭행등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (defendant A: Imprisonment with prison labor for 4 months, and Defendant B: Imprisonment for a special assault crime as indicated in the judgment below for 4 months, and a fine of 5 million won for a violation of the Electronic Financial Transactions Act as stated in the judgment below) is too unreasonable.

2. Although there are favorable circumstances for the Defendants, such as the fact that there was an attitude to recognize and reflect the Defendants’ mistake, that there was an agreement between the victim of special assault and the investigation stage, that there was a violation of the Electronic Financial Transactions Act by Defendant B, that the victim of the crime of violation of the Electronic Financial Transactions Act should be considered along with the crime of injury for which the judgment became final and conclusive, and that Defendant A did not agree with the victim of the crime up to the trial. Meanwhile, Defendant B did not know even during the period of suspension of execution due to the same crime, and that Defendant B committed a special assault even without being aware of the fact that there was a lot of records of criminal punishment due to the same crime and crimes, and there is no need to correct weak compliance consciousness, in addition to the circumstances unfavorable to the Defendants, there is no change of circumstances to mitigate the sentence of the lower court at the trial, and other various sentencing conditions indicated in the records and changes in the age, sex, environment, motive and background of the crime, means and consequence of the crime, etc. after the crime.

The defendants' argument of sentencing is without merit.

3. The Defendants’ appeal is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow