(영문) 수원지방법원 2014.04.10 2014노861 | 리걸엔진

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(영문) 수원지방법원 2014.04.10 2014노861

폭력행위등처벌에관한법률위반(공동상해)

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The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

, however, from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the Defendants (six months of imprisonment for each of the defendants) is too unreasonable.

2. The Defendants jointly assaulted the victims and inflicted bodily injury on the victim for about eight weeks, and thus, the nature of the crime is not weak. However, the Defendants are deemed to have recognized the crime of this case and reflect in depth the mistake thereof. The lower court deposited KRW 15 million for the victim and additionally paid KRW 15 million for the victim at the lower court and agreed with the victim. Defendant A provided the cause of the crime by exercising violence first but did not have any criminal record. Defendant B was punished two times for the same crime; Defendant B was punished two times for the same crime; and all of the sentencing conditions and the sentencing conditions indicated in the arguments and records of this case, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, etc., are inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is without merit.

Criminal facts

The summary of the facts charged against the Defendants and the summary of the evidence recognized by this court is as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants of relevant criminal facts: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (Consideration in favor of the Defendants from the ground of reversal); and

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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