(영문) 창원지방법원 2015.09.17 2015노1609 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.09.17 2015노1609

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below's scope of trial in this case rendered a judgment dismissing a public prosecution pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act on the ground that the victim had revoked his complaint against the Defendant after instituting the instant public prosecution on the insult of the facts charged of this case, and sentenced him to the remainder of the facts charged except this. The only Defendant filed an appeal on the ground of unreasonable sentencing as to the conviction portion, and thus, the part dismissing

Therefore, the scope of the judgment of this court against the judgment below is limited to the conviction except the above dismissed dismissal part.

2. The gist of the grounds for appeal asserts that the punishment of the guilty portion among the judgment below is too unreasonable.

3. It is recognized that the Defendant recognized the instant crime and reflected the mistake, and that the Defendant agreed with the victim.

However, even if the Defendant had been punished several times as a crime related to violence, and in particular, on October 30, 2013, the Defendant committed the instant crime even if he/she was sentenced to two years of suspended sentence on October 7, 2013, which became final and conclusive on November 7, 2013 due to the crime of injury, and even if he/she had been subject to suspended sentence, the Defendant committed the instant crime, and upon a request for detention warrant, the fact that he/she escaped and was arrested upon the request for detention, etc., under the unfavorable circumstances against the Defendant. There is no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and there is no change in the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances

4. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-형사소송법 제327조 제5호

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