(영문) 대구지방법원 2019.01.18 2018노4222 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.01.18 2018노4222

상해등

Text

1. All appeals filed by the defendant and prosecutor are dismissed;

2. The Defendant shall obtain money from the applicant for compensation 200,000 won.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. It is recognized that the Defendant was in the first instance, and all of the instant crimes are recognized and reflected, the degree of the instant injury, damage to property, fraud, and theft are relatively little, and that there is no record of criminal punishment exceeding the fine imposed on the Defendant.

However, the crime of injury and damage to property of this case was committed by the defendant by destroying the victim's vehicle without any special reason, and assaulting the victim. The crime of fraud of this case was committed by the defendant against many and unspecified persons in the middle transaction website, and it is recognized that the crime of larceny of this case was committed again even though the defendant was under investigation due to the crime of larceny and fraud, etc., even though it was committed by the defendant, in light of the circumstances and methods of the crime, there was no criminal quality, the victim's damage was not recovered, the defendant did not have been used from the victims, the defendant was already punished twice as violent crime, the defendant had been punished twice.

In addition, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the applicant for compensation raised in the trial.

참조조문

-형사소송법 제364조 제4항

유사 판례

-수원지방법원 2016.11.10 2016노6019

-전주지방법원 2015.12.04 2015노1156

-대구지방법원 2019.01.18 2018노4185

-수원지방법원 2020.11.12 2020노4691

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