(영문) 부산지방법원 2017.03.16 2016노3733 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.03.16 2016노3733

상해

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 700,000.

The defendant above.

Reasons

1. The sentence (1.5 million won in penalty and the cost of the lawsuit) declared by the original court in the summary of the grounds for appeal is too unreasonable.

2. The circumstances unfavorable to the Defendant are recognized, such as the fact that the Defendant was sentenced to a suspended sentence for the same kind of crime, etc., and the Defendant committed the instant crime during the suspended sentence, and failed to receive a letter from the injured party.

However, when the defendant made a confession of the crime of this case for the first time, the defendant made a mistake in depth and reflects the mistake. The crime of this case is deemed to be unfair because of the fact that there are circumstances that can be considered in the process of mutual assault, the defendant's health is not good due to depression, etc., and the defendant's age, sexual behavior, environment, etc., and all other circumstances, which form the conditions for sentencing specified in the records and the theory of changes, are considered to be too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the column for the evidence, it is identical to each corresponding column of the lower court’s judgment; and (b) thus, it is also cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

참조조문

-형법 제69조 제2항

-형법 제70조

-형법 제257조 제1항

유사 판례

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