logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.03.29 2017노1523
특수상해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine the unfair sentencing of the Defendant and the prosecutor together with each other. The Defendant appears to have committed each of the crimes in this case, and there are favorable circumstances to the Defendant that the victims did not want the punishment by agreement with the victims.

On the other hand, the defendant was punished for the same crime, and committed the crime of this case during the period of repeated crime.

The lower court sentenced the Defendant to eight months of imprisonment in consideration of the aforementioned circumstances and the sentencing guidelines recommended by the Sentencing Committee, etc. in light of the following circumstances and the sentencing guidelines of the Supreme Court, and comprehensively taking into account the conditions for sentencing in the trial, the sentencing decision of the lower court exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that it is unfair to maintain the judgment of the court below.

In addition, considering the character and conduct, family relations, the circumstances and results of the instant crime, etc. of the Defendant, the sentence of the lower court is appropriate, and it is not recognized that it is too poor or unreasonable.

Therefore, prosecutor and defendant's assertion are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow