(영문) 인천지방법원 2018.11.23 2018노2089 | 리걸엔진

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(영문) 인천지방법원 2018.11.23 2018노2089

상해등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Reasons for appeal;

A. Defendant 1) The Defendant was physically and mentally weak at the time of committing each of the instant crimes.

2) Each sentence of the lower court’s unfair sentencing (No. 1 year of imprisonment, and No. 2 of the lower court’s imprisonment: 8 months) is too unreasonable.

(b) the above-mentioned sentence of the 2nd judgment of the Prosecutor is too unhued and unreasonable;

2. The judgment on the grounds for appeal by the defendant and the prosecutor shall be examined ex officio.

Article 38(1) of the Criminal Act provides that the first and second original courts shall have completed a separate hearing of the Defendant’s injury, assault, and interference with the performance of official duties, and subsequently sentenced the Defendant to the above punishment. The Defendant filed an appeal against the judgment of the lower court, and the Prosecutor filed an appeal against the second instance court, and this court decided to hold concurrent hearings. Each of the offenses of the lower judgment against the Defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act with respect to each of the concurrent crimes under Article 38(1) of the Criminal Act, and shall be sentenced to a single punishment within the scope of the term of punishment subject to the aggravated punishment. In this regard, the lower judgment

However, despite the above reasons for reversal of authority, the defendant's argument of mental and physical weakness is still subject to the adjudication of this court, and this is examined differently below.

3. In full view of the evidence duly adopted and examined by the court below regarding the defendant's mental and physical weakness, especially the images taken by the victim M, the process, means and method of each of the crimes of this case, the contents of the crimes, and the defendant's behavior before and after the crimes of this case, etc., the judgment of the court below on this part of the judgment below is just, and the defendant's assertion is without merit.

4. The decision of the court below on the ground that the above reasons for reversal exist.

참조조문

-형법 제38조 제1항

유사 판례

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-수원지방법원 2017.01.11 2016노7149

-춘천지방법원 2016.02.03 2015노1093