beta
(영문) 춘천지방법원 강릉지원 2018.11.29 2018노358

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The judgment of the Defendant repeated the same kind of crime several times over two years, and considering the background leading up to the Defendant to commit the crime, the relationship with the victims, etc., the crime is not very good.

Although the defendant's crime led to serious insult of the victims, the defendant did not reach an agreement with the victims.

However, the defendants recognize all their crimes, reflect their depth, and do not focus on the degree of damage caused by the crime of injury.

The defendant has no record of being sentenced to punishment, and he/she will not repeat such crime again while living close to about three months.

The time was time to seriously reflect his or her mistake, such as being in the past.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

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

Application of Statutes

1. Article 257 (1) of the Criminal Act in relation to the facts constituting an offense (the point of injury), Article 260 (1) of the Criminal Act (the point of violence) and Article 314 (1) of the Criminal Act (the point of interference with business) of the same Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment between the crime of assault and the crime of interference with business of a person on November 13, 2015, the punishment between the crime of assault and the crime of interference with business of a person on November 13, 2015, the punishment imposed on the crime of interference with business of a person on August 2, 2017, the punishment between the crime of assault and the crime of interference with business of a person on August

1. Imprisonment with prison labor for each choice of punishment;