logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.04.10 2020노294
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The following facts are favorable to the Defendant: (a) the Defendant recognized each of the instant crimes and against whom the Defendant committed each of the instant crimes; and (b) the injury incurred by each of the instant crimes was relatively heavy.

On the other hand, there was a record of criminal punishment several times for a crime related to violence, and each of the crimes of this case was committed during the repeated crime due to the crime of injury, etc., and the victims seem to have been hindered from business due to each of the crimes of this case, and the damage from each of the crimes of this case was not recovered, and the fact that the defendant did not receive a letter from the victims is disadvantageous to the defendant.

The above circumstances and the defendant's age, character and conduct, environment, motive, means and result of the crime, all of the sentencing conditions and the scope of recommended sentencing guidelines set forth in the arguments, including the circumstances after the crime.

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Aggravation of the first crime (determination of types) destruction and damage [Class 1] destruction, damage, etc. of property [Special Aggravation]: In the area of aggravation of the same repeated crime [recommended area and recommendation range], imprisonment with prison labor for August through January 16];

(b) Second crime (determination of types of assault) and violence crime [Class 1] general assault [Special Aggravation]: In the area of aggravation of repeated crimes of the same kind [recommended area and recommendation range] increased, four months to one year and six months; and

C. The scope of recommendation according to the standards for handling multiple crimes: In full view of the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment below, it cannot be deemed that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. Thus, the defendant's appeal is without merit.

arrow