(영문) 서울북부지방법원 2019.06.07 2019노595

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2019.06.07 2019노595

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (unfair imprisonment with labor for ten months) is too unreasonable.

B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant at the trial, and the lower court did not seem to have exceeded the reasonable scope by taking into account the factors revealed in the instant pleadings, including various circumstances considered in sentencing.

In particular, the lower court determined a punishment against the Defendant by taking into account the circumstances favorable to the Defendant, such as the fact that the Defendant was subject to criminal punishment several times due to the commission of violent crimes, the nature of the crime is not good in light of the form of the crime, and the fact that the Defendant committed the crime during the period of repeated crimes, but considering the fact that the Defendant recognized and reflects the crime, and that the police officers agreed with D and D, and deposited KRW 2 million for E, among the police officers, etc. Therefore, the circumstances regarding the sentencing claimed by the Defendant and the Prosecutor are deemed to have been sufficiently

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it 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

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