beta
(영문) 수원지방법원 2016.04.22 2016노1360

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

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

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The fact that the Defendant committed the instant crime during the period of repeated crime due to the same crime, and the Defendant has been punished more than 25 times, including five times of punishment for the same crime, is disadvantageous to the sentencing.

However, considering various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, etc., which are favorable to sentencing, such as the fact that the defendant agreed with the victim D of the crime of injury and the crime of interference with business, and the damage caused by the crime of this case is relatively minor, the punishment sentenced by the court below is too unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;