logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2013.12.10 2013노451
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

In light of the fact that it is difficult to implement the community service order due to the lack of the Defendant’s health, the sentencing of the lower court (two years of imprisonment, three years of suspended execution, three years of community service, 120 hours) is too unreasonable.

The sentencing of the court below by the prosecutor is too uneasible and unfair.

However, in light of the fact that the Defendant committed several assaults to the victim and knife the victim and knife the victim's knife and knife the victim's knife and the victim's knife, which is very dangerous crime that the victim died or could have been injured, and that there was a history of punishment several times for the same crime including the suspended sentence of imprisonment due to the violation of the Punishment of Violences, etc. Act in 2002.

However, in light of the fact that the degree of injury suffered by the victim is not serious, that the defendant deposited KRW 1.5 million in the court below, that the victim expressed his/her intent that he/she would not want the punishment of the defendant in the trial, that the defendant's health condition would be difficult to implement the community service order, and that the defendant's health condition would be considered in the execution process, and that the defendant's age, character and behavior, motive, means and consequence of the crime, and all other circumstances that are the conditions for the sentencing of this case, such as the defendant's age, character and behavior, motive, means and consequence after the crime, etc., are considered, the sentencing of the court below is deemed to be appropriate, and the sentencing of the court below cannot be deemed to be excessive or unreasonable.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow