(영문) 부산지방법원 2020.01.10 2019노3567 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2020.01.10 2019노3567

상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the prosecutor and the Defendant as sentencing factors have already been discovered in the hearing process of the lower court and sufficiently taken into account, and there is no particular change of circumstances in the matters subject to sentencing after the lower judgment was sentenced.

In addition, in full view of all sentencing factors indicated in the records and pleadings of this case, including the fact that the defendant recognizes and reflects the crime of this case, the degree of injury suffered by the victim in this case is not severe, while the defendant sexual harassment in this case and the victim's bodily injury was inflicted on the victim who resisted it, and the nature of the crime is not very good, the defendant did not agree with the victim, the defendant was punished several times for the same criminal record, and the defendant committed the crime of this case during the repeated crime period, etc., it does not seem that the sentence of the court below is too heavy or unfilledd and exceeded the reasonable scope of discretion.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

참조판례

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

유사 판례

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