beta
(영문) 광주지방법원 2013.10.16 2013노1802

상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment of the defendant, on December 5, 2012, committed each of the crimes of this case even during the suspension period of execution, after having been sentenced to two years of imprisonment with prison labor for fraud, etc. on December 13, 2012 at the branch of the Gwangju District Court, Gwangju District Court sentenced two years of suspension of execution on the grounds of fraud, etc. on December 13, 2012, and the judgment became final and conclusive on December 13, 2012. In addition, the crime of this case was committed by assaulting the victim who was only in order to confirm the confusion between the defendant and the victim, and was unable to take the above victim's money deduction. It is acknowledged that the crime of this case was poor because the defendant injured other persons by informing of the past telephone content, etc. of the victim's reputation, it is recognized that the defendant committed the crime of this case against his own wrongness through imprisonment with prison labor for a period of two months, the defendant's wife's support of the minor, the defendant's motive for supporting the minor, and the execution of property damage (one of this case).

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.