(영문) 서울북부지방법원 2019.02.01 2018노1684

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자간(%)

(영문) 서울북부지방법원 2019.02.01 2018노1684

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of three million won) is too unreasonable.

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

2. We examine the reasoning of the judgment and the prosecutor together.

Although there are circumstances where the defendant was sentenced to imprisonment with prison labor or a fine more than once as a violent crime, and the victim committed the crime in this case during the repeated crime period, the court below rejected the defendant's assertion that the defendant was sentenced to imprisonment with prison labor for a special injury by the Seoul Northern District Court on December 19, 2018, and two years and six months since the defendant appealed from the appeal court (the crime of special injury and the crime of injury in this case can be judged at the same time), there is no special circumstance or change that can be newly considered in sentencing after the sentence of the court below, and all other sentencing circumstances such as the defendant's age, character and behavior, family relation, motive, means and consequence of the crime, and circumstances after the sentence of the court below, it does not seem that the defendant's punishment imposed by the court below is heavy or it is unfair. Thus, all the defendant and the prosecutor's assertion are rejected.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, in a case where: (a) the criminal records and the three-party 1 and two-party 2 of the judgment of the court below are punished by a fine, each of which is chosen to delete the two-party 1 and two-party 1 of the judgment of the court below, it shall not be deemed a repeated crime (see, e.g., Supreme Court Decision 95Do163

참조조문

-형사소송규칙 제25조 제1항

-형사소송법 제364조 제4항

참조판례

-대법원 1997. 4. 11. 선고 95도1637 판결

유사 판례

-서울북부지방법원 2018.08.17 2018노834

-수원지방법원 2020.12.04 2020노3449

-서울북부지방법원 2019.02.15 2018노2269

-서울고등법원 (춘천) 2014.07.23 2014노28

-울산지방법원 2013.08.30 2013노514