beta
(영문) 서울동부지방법원 2020.03.19 2019노1689

특수상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In the judgment of the court below, comprehensively taking account of all the reasons for sentencing, including the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the fact that the defendant recognized the crime of this case, the defendant deposited one million won for the victim, and the fact that the defendant has no record of punishment exceeding the fine, and other factors, such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, etc., the court below'

3. As such, the defendant's appeal is with merit, and 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 pleading

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination of the sentence as ordered by comprehensively taking account of the various sentencing conditions as seen earlier prior to the reasons for sentencing under Article 62-2 of the Criminal Act.