부산지방법원 2016.08.18 2016노1954



The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.


1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. In light of the fact that the crime of this case was committed between the victim who is a relative and the victim under drinking alcohol and that the crime was not less than two weeks, and that there was a record of punishment by a fine that the defendant was punished more than 12 times, among which 10 times constitutes violent crimes, and that the victim wants punishment because the defendant did not agree with the victim, there is no need for a strict punishment for the defendant.

However, considering the following circumstances: (a) the Defendant led to the instant crime; and (b) the instant crime was committed by the victimized person who was under the influence of the Defendant, on the floor, that there was some extenuating circumstances to consider the circumstance that the Defendant was under the influence of having been punished in excess of the fine; and (c) the Defendant has no record of being punished in excess of the fine; and (d) taking into account the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (b) the circumstances after the commission of the crime, etc., which form the condition of sentencing as indicated in the instant records and theories of changes, such as the punishment imposed by the lower court

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Grounds for a new judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts constituting the crime of the defendant and the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;