(영문) 수원지방법원 2020.02.03 2019노5534 | 리걸엔진

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(영문) 수원지방법원 2020.02.03 2019노5534

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the following: (a) the Defendant recognized all of the instant crimes; (b) the degree of injury; (c) interference with duties; and (d) the degree of assault of obstruction of performance of official duties; and (c) the circumstances of each of the instant crimes, etc., of the lower court’s punishment (two months of imprisonment, two years of suspension of execution, two years of social service,

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if materials submitted in the trial at the trial are considered, there is no significant change in the sentencing conditions compared to the lower court.

In addition, each of the crimes of this case committed by the defendant under the influence of alcohol and interfere with duties such as obstructing the victim who is an employee of a restaurant at the restaurant, and it is not good that the crime of this case was committed by assaulting several police officers continuously during the process of arresting the police station and moving to the police station, resulting in an injury and obstructing the performance of official duties.

Considering these points, even if considering all the sentencing factors favorable to the defendant, such as the fact that the degree of injury to police officers and employees at restaurants is not much serious, and that all of them submitted a written agreement, the sentencing of the court below is too excessive and it cannot be said that the sentencing of the court below exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-형사소송법

참조판례

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

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