(영문) 부산지방법원 2017.12.15 2017노3647 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2017.12.15 2017노3647

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of two years and four months, and the imprisonment of 40 hours for sexual assault treatment programs) is too excessive and unfair (the Defendant withdrawn his claim of mental and physical weakness on the date of the first trial in the first trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial).

The fact that the defendant reflects the mistake, that the defendant agreed with the victim'sO, and that the victim D, the mother of the defendant, expressed his intention not to punish in this court can also be considered in light of the favorable circumstances for the defendant.

However, the Defendant: (a) seriously inflicted an injury on the part of a dangerous object (the 4 weeks prior to death); (b) and (c) sent an intituous text message to a female student who protects the mother’s parents.

According to the results of the court's sentencing investigation, it seems that the defendant's mother was not out of the meeting.

B. In addition, even though the Defendant had been subject to punishment on multiple occasions due to the following reasons: (a) repeatedly committed a crime of taking-out type; (b) committed a crime of assault, coercion, obstruction of business, etc.; and (c) committed a crime during the period of suspension of execution.

Furthermore, considering the above circumstances, the lower court’s sentence that is lower than the lower limit of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee (three years of imprisonment) cannot be deemed unfair because the lower court’s sentence is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. The Defendant’s appeal is without merit, and thus, is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25 of the Rules on Criminal Procedure, the Defendant’s appeal is dismissed ex officio, and the Defendant’s “criminal facts” in Article 8 of the Rules on Criminal Procedure is corrected to “the criminal facts committed by force

참조조문

-형사소송규칙 제25조

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