(영문) 창원지방법원 2014.05.01 2014노651 | 리걸엔진

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(영문) 창원지방법원 2014.05.01 2014노651

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

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

2. The crime of this case committed by the Defendant on several occasions against the victim C (hereinafter referred to as “victim”) by drinking and drinking alcohol, and committed the crime of this case against the Defendant, even though the Defendant committed the crime of this case during the period of repeated offense by being sentenced to four months from the Changwon District Court on June 9, 201, by committing larceny, by committing the crime of this case, even though the Defendant committed the crime of this case during the period of repeated offense, by being sentenced to imprisonment with prison labor for larceny at the Changwon District Court on June 27, 2011.

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the victim committed the crime in this case in a state of drinking, that the defendant committed the crime in a state of drinking, that the victim was not punished against the defendant by agreement with the victim when the defendant was in a state of trial, that the defendant led to confession and reflects against the defendant, that the defendant was not able to restore the left letter of benefit in February 2014, and that the defendant was not in a state of health, the circumstances and environment of the defendant, the background and result of the crime in this case, the circumstances after the crime, etc., and all the circumstances that are conditions for sentencing as shown in the records and arguments, the punishment imposed by the court below is deemed unfair, and therefore the above argument by the defendant is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257(1) of the Criminal Act concerning the selection of criminal facts;

참조조문

-형법 제257조 제1항

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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