(영문) 청주지방법원 2016.08.25 2016노374 | 리걸엔진

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(영문) 청주지방법원 2016.08.25 2016노374

상해

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The degree of damage to the victim caused by the instant crime is not easy.

The defendant did not take any measures to recover damage and the victim wanted to take a severe punishment against the defendant up to the trial of the party.

In 2014, the defendant was sentenced to a suspended sentence of imprisonment with prison labor for the crime of violence, and committed the crime of this case during the suspended sentence period.

Circumstances favorable to the defendant shall be as follows:

The defendant is divided into and reflected in the crime of this case.

It seems that the defendant, while under the influence of alcohol, was in conflict with the victim who is a fluent employee, and was in conflict with his/her duty adjustment problem, he/she would have been able to hear the desire from the victim and caused the crime of this case by accident.

Prior to the crime of this case, the defendant has no record of criminal punishment for violent crimes as well as prior to the suspended sentence of imprisonment, and has no record of criminal punishment.

It seems that the crime committed before and after around the year 2014, which committed the bodily injury with the victim of the case, was reflected in the sentencing in favor of the victim of the case. However, it seems that the defendant's act of invalidation of the suspended sentence by sentence of the defendant is too harsh to the defendant.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

유사 판례

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