beta
(영문) 수원지방법원 2018.12.20 2018노6516

특수상해

Text

The judgment of the court below is reversed.

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

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

Reasons

1. The sentence of the lower court (eight months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below is acknowledged to be unfair by taking into account the following factors: (a) the defendant committed a crime even before and after having been sentenced to a fine of the same kind; (b) the degree of injury of the victims is inferior in light of the means and specific methods of the crime; (c) the victim E appears to have an attitude to reflect the victim's mistake; (d) the victim E did not want punishment from the beginning; (e) the defendant paid KRW 1 million at the court below in accordance with the agreement, and KRW 500,000 at the court below before the prosecution; and (e) the victim D wanted to have the Defendant's wife; and (e) all the sentencing conditions specified in the records and arguments, such as the defendant's age, sex, sex, environment, family relationship, criminal motive, method of the crime, and the circumstances after the crime, etc.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);