logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.01.21 2014노1695
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year and four months of imprisonment, and two years of suspended execution) is too uneased and unfair.

Judgment

In light of the motive of the crime committed by the defendant, the degree of damage suffered by the victims, the circumstance that the defendant caused the crime of this case, etc., there is a need to strictly punish the defendant due to extremely poor nature of the crime, the defendant committed the crime repeatedly over a short period of 15 days, and the defendant sent correspondence to the person related to the case or the police officer of the budget police station who did not reflect even during detention, or received disciplinary disposition by causing a disturbance or disturbance from the prison, and the defendant did not agree with the victims until the trial is open to the trial, and delayed the trial procedure by refusing to attend the court.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstance before and after the instant crime, etc., the lower court’s punishment is too unjustifiable, and thus, cannot be deemed unreasonable, on the ground that the Defendant did not have any other criminal record than twice fines, and it appears that he/she was able to shoulder his/her mistake and punishment through confinement life for a period of two months, and that he/she was making a serious effort to pay damages, such as deposit a part of money for the victims, etc., and that he/she was able to raise the victims, etc., under favorable circumstances.

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

arrow