(영문) 수원지방법원 2016.05.27 2016노13 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.05.27 2016노13

상해등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (an amount of KRW 5 million) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In addition, the Defendant had been sentenced to punishment more than 20 times for violence-related crimes, and the Defendant committed the same kind of crime during the period of suspension of execution, even though he/she was sentenced to two years of suspension of execution on August 12, 2014 due to injury, etc. on August 12, 2014 and the judgment became final and conclusive on August 20, 2014, and was not agreed with the victim E, etc. that are disadvantageous to the Defendant.

However, in light of the following circumstances: (a) the Defendant led to the confession of all of the instant crimes and his mistake in depth; (b) the Defendant, as a recipient of housing benefits under the National Basic Living Security Act, who was living alone at a public announcement center without any family member, appears to have committed the remaining crimes under the influence of alcohol; (c) the degree of damage caused by each of the instant crimes is relatively minor; and (d) the Defendant agreed with the victim C of the crime of injury and damage to property at the lower court; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, intelligence and environment, motive and background, means, means, method, and consequence of the instant crimes; and (e) the Defendant’s punishment imposed by the lower court is deemed to be adequate; and (e) it is not deemed that the sentence imposed by the Defendant is too heavy or too excessive, and is unfair because it is too

Therefore, each of the above unfair sentencing arguments by the defendant and the prosecutor is rejected.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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