(영문) 서울북부지방법원 2014.12.05 2014노1268

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(영문) 서울북부지방법원 2014.12.05 2014노1268

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The crime of co-injury in this case, which is determined by the following facts: (a) the victim, who operated convenience points, was aware of the fact that the victim’s horse was divided and was vulnerable to the crime due to low intelligence, and continuously took money and valuables worth KRW 28 million in total from the victim throughout several times for about five months; (b) the crime was not good; (c) the degree of damage to the crime of co-injury in this case is serious; (d) the victims of co-injury in this case and insult did not reach an agreement with the victims of the crime of co-injury in this case; and (e) the Defendant had been punished for the same crime of juvenile protective disposition or a fine, etc. that is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant made confession of the instant crime while committing the instant crime; (b) deposited KRW 1 million with the victim of the instant joint injury crime in the trial; and (c) agreed with the victim of the instant joint injury crime; (b) the Defendant did not have any history of criminal punishment heavier than suspended execution; and (c) the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence; and (d) other circumstances that are conditions for sentencing, such as the circumstances after the commission of the crime, are somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. The relevant Article of the facts constituting an offense and the Punishment of Violences, etc. Act;

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제6항

-형사소송법 제369조

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