logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.05.04 2015노2607
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the court below is too unfilled and unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The degree of injury in the instant case is not easy, but the Defendant, who has served several criminal punishments, such as three times of punishment and one time of suspended sentence, committed the instant crime during the period of repeated offense, although he/she is deemed to have committed the instant crime. Meanwhile, the degree of violence caused by the instant injury does not focus on the degree that the Defendant recognized the entire facts charged in the instant case, and the degree of violence caused by the instant injury is not excessive, the Defendant agreed with the victim of the injury and the victim of the injury, the Defendant was unable to support his/her children suffering from disability due to neglect, and the Defendant’s argument that the Defendant committed the instant crime is too unfair in terms and conditions after oral.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

arrow