logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2013.09.13 2013노671
상해등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by a fine of 500,000 won.

3. The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 1,00,000) is too unreasonable.

2. Although the defendant had a record of receiving juvenile protective disposition several times for the same crime, and did not reach an agreement with the victim, the crime of this case is deemed to have committed an contingent act by the defendant after hearing the desire from the victim, and there are some circumstances to consider the circumstances of the crime; the degree of injury inflicted by the defendant is relatively minor; the defendant has no record of criminal punishment as a juvenile of 18 years old; the defendant has no record of criminal punishment as a juvenile of this case; the defendant is seriously against his mistake while recognizing the crime of this case; it is in an economically difficult situation; and other various circumstances that are conditions for sentencing specified in this case, such as character, conduct, environment, family relationship, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.

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, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and 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 penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

arrow