(영문) 대구지방법원 2018.06.07 2018노1137 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.06.07 2018노1137

상해등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (one year of imprisonment) on the defendant is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) examining the judgment and the Defendant’s respective unfair claims for sentencing together with each other; and (b) the fact that the Defendant came to an agreement with the victim D, H, and J in the trial and that the victims do not want the Defendant’s punishment.

However, the Defendant committed each of the crimes of this case during the period of repeated crime for which two months have passed after being sentenced to punishment due to interference with the performance of official duties, etc., and was released from prison, and the liability for such crime is heavy, the Defendant has been punished several times, and the Defendant confessions all of the crimes of this case in the court below, but the Defendant appears to have denied the crime until the investigative agency and the court below, and the Defendant appears to have committed an act of violating the regulations, etc., which are disadvantageous to the Defendant.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as the prosecutor asserts, it cannot be deemed unfair because the sentence imposed by the lower court is too uneasible or unreasonable as the Defendant asserts, and thus, the above argument by the prosecutor and the Defendant are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and the Criminal Procedure Act is applicable.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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