(영문) 광주지방법원 2019.06.12 2019노973 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2019.06.12 2019노973

폭행등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The lower court dismissed the prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act regarding the assault against the victim B among the facts charged in the instant case.

As to this, the defendant and the prosecutor appealed on the ground of unfair sentencing only for the guilty portion, and since the dismissal of the above dismissal part is finalized as it is and only the guilty part was transferred to the appellate court, the scope of the judgment of this court is limited.

2. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. In light of all the circumstances indicated in the records of this case, such as the Defendant’s assault and intimidation of many victims without any particular reason, and the degree of assault was not weak, and the Defendant took part in the head, etc. of the 11-year-old victim on the ground that the Defendant might be slick in play, and the Defendant had been punished several times due to the same kind of crime, and the Defendant committed the instant crime without any reflection even though he was under the period of suspended execution due to the same crime, and the Defendant committed some of the crimes during the trial of the lower court, and committed some of the crimes during the trial of the lower court, etc., the sentence imposed by the lower court is deemed to be unreasonable. Thus, the Defendant’s assertion of unfair sentencing is without merit, and the prosecutor’

4. In conclusion, the prosecutor's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(1) The court below's decision shall not be dismissed, unless the defendant's appeal is well-grounded, but the decision of the court below shall not be dismissed separately from the defendant's appeal.

참조조문

-형사소송법 제327조 제6호

-형사소송법 제364조 제6항

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