logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.11.03 2016노1167
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. It is recognized that there are relatively more severe injuries inflicted on the victim by the judgment, and that the defendant has been punished several times including the suspended sentence of imprisonment with prison labor due to the same criminal conduct.

However, it is recognized that the sentence of the court below is too unreasonable in light of the following factors: (a) the defendant has been recognized as committing the crime of this case, and the victim has expressed his prior wife against the defendant by mutual consent with the victim; and (b) the defendant's age, character, character, environment, the circumstances, motive, means and consequence leading to committing the crime of this case; and (c) the sentencing conditions specified in the records and arguments of this case, such as the circumstances after committing the crime, etc.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as stated in each corresponding column of the judgment of the court below, except for adding 1.1. 'the defendant's oral statement in the first place in the summary of the evidence as stated in the judgment of the court below. Thus, it is cited in accordance with Article 369 of the

Application of Statutes

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)3 of the Criminal Act; Article 257(1) of the Criminal Act; the choice of imprisonment

1. Article 62 (1) of the Act on Suspension of Execution (The normal consideration in favor of the provisions of paragraph (2));

1. Probation and community service order under Article 62-2 of the Criminal Act;

arrow