(영문) 광주지방법원 2017.11.15 2017노3604 | 리걸엔진

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(영문) 광주지방법원 2017.11.15 2017노3604

경범죄처벌법위반등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the Defendant, around April 7, 2017, sent the Defendant around 02:20 on April 7, 2017, the Defendant, while carrying the Defendant, sold the shoulder parts of E, which was sent to the police box of the Southern Police Station, one time by supporting the Defendant, the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court (the imprisonment of six months and the fine of 300,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the lower court’s determination as to the assertion of mistake of facts, it can be sufficiently recognized that the Defendant: (a) on April 7, 2017, in front of the building located in the Namnam-gun, Namnam-do; (b) on the part of the police box in front of the building located in the Namnam-gun, the fact that the Defendant sent the Defendant one-time price of the shoulder of E in front of the building located in the Namnam-Gun Police Station’s main station; and (c) therefore, this part of the Defendant’s assertion

B. In full view of the circumstances leading up to each of the instant offenses, the means and result thereof, Defendant’s age, health, sexual conduct, environment, etc., including the following: (a) review of the determination of the unfair argument of sentencing; (b) the Defendant was punished for the same offense; and (c) the Defendant committed each of the instant offenses without being aware of the same offense during the period of repeated offense; and (d) comprehensive consideration of various sentencing conditions indicated in the records and arguments, such as the records and arguments of the instant case, the lower court’s

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

유사 판례

-광주지방법원 해남지원 2017.09.07 2017고단236

-광주지방법원 해남지원 2016.01.21 2015고단530

-수원지방법원 성남지원 2016.09.29 2016고단652

-서울고등법원 2018.12.11 2018노2109

-수원지방법원 2018.05.18 2018노145