(영문) 수원지방법원 2017.04.14 2017노695 | 리걸엔진

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(영문) 수원지방법원 2017.04.14 2017노695

폭력행위등처벌에관한법률위반(공동공갈)등

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The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution against the Defendant regarding the assault among the facts charged in the instant case, and convicted the Defendant of the remainder of the facts charged, and dismissed part of the public prosecution for which the prosecutor did not appeal due to only the Defendant’s appeal against the conviction was separated and finalized as the period of appeal expires, and thus, in the first instance court, the judgment of the lower court is to be tried only on the guilty part.

2. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, under the circumstances unfavorable to the Defendant, considered the following: (a) the Defendant committed the instant crime during the period of suspended execution after being sentenced to a suspended sentence of two years for 10 months due to the crime of violating the Punishment of Violences, etc. Act (joint conflict) and being sentenced to a suspended sentence after being sentenced to a suspended sentence of two years for 10 months; (b) the lower court took into account the following factors: (c) the age of 20 years for the instant crime at the time of the instant crime; (d) the victims of the instant crime committed their errors; and (e) the victims of the instant crime do not want the punishment of the Defendant; and (e) the Defendant’s personality, conduct, and family relations, etc.

As above, the sentencing of the lower court appears to have been conducted within the reasonable scope by taking into account all the sentencing conditions specified in the proceedings of the instant case, and there are no other special circumstances to change the sentencing of the lower court. Therefore, it is not recognized that the lower court’s punishment is unfair because it is too large.

4. The conclusion is that the defendant's person.

참조조문

-폭력행위 등 처벌에 관한 법률

참조판례

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

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