본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
(영문) 서울고등법원 2013.07.11 2013노1753

All appeals filed by the defendant and prosecutor are dismissed.


1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor: The sentence of the court below is too unhued and unreasonable.

2. Considering that the crime method is very dangerous, such as murdering and attempted murdering the victim’s head, due to the watch, which is a dangerous object of the Defendant, the Defendant merely suffered bodily injury from the victim during the process of fighting the victim’s body with the victim, even though there are no significant circumstances to obtain special recognition, the Defendant appears to be a planned act of murdering the victim; the Defendant was punished by assault, etc. over five times in the past; the Defendant had history of being punished by a fine due to assault, etc. during the prosecution investigation process; the Defendant’s refusal of the criminal intent during the prosecution investigation process, etc.

However, until the police investigation process, the court below and the court of the trial, the defendant led to the confession of the crime of this case and reflects his mistake, the defendant has no record of punishment heavier than a fine, the defendant appears to have committed the crime of this case while suffering from depression and sculposis, the degree of injury suffered by the victim seems to be serious; the defendant reported his crime to the investigative agency immediately after the crime of this case was committed; the defendant voluntarily surrenders himself to the police agency; the defendant's wife did not want punishment on behalf of the defendant; the defendant's wife did not want punishment on behalf of the defendant; other various sentencing conditions and sentence of the court below on the argument of this case, such as the defendant's age, character, behavior, occupation, environment, etc., are recommended under sentencing guidelines.