logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.04.18 2018노62
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal each sentencing (the sentence of the lower court: a fine of KRW 10 million);

2. The lower court, based on the Defendant’s age, sex, environment, motive and means of committing a crime, circumstances after committing a crime, etc., and various sentencing conditions as shown in the instant records and arguments, determined a sentence.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The circumstances required for each appeal (the prosecutor’s gravity of the crime, the fact that the crime was committed during the repeated crime period, the fact that the damage was not recovered, the defendant was a contingent crime committed under the influence of alcohol, the victim’s effort to agree with the victim, the health conditions of the defendant, economic circumstances, etc.) have been significantly changed in the sentencing conditions that were already considered in the first instance court in determining the punishment against the defendant.

It is difficult to see it.

In light of the above sentencing’s comprehensive consideration, it cannot be deemed that the lower court’s punishment is too light or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

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

arrow