logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2020.02.14 2019노997
상해등
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 (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant, while living together with the victim C for a long time, committed multiple violent crimes against the victim C.

As a result, victims C seem to suffer from extreme pain.

Defendant has been punished seven times for violent crimes.

However, after the judgment of the court below, the defendant shows an attitude to reflect on the criminal facts, and agreed with the victim B and C.

In addition, in full view of all other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence of the lower court is unreasonable.

3. Conclusion, pursuant to Article 364(6) of the Criminal Procedure Act, the judgment of the court below is reversed, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 366 of the Criminal Act, Article 284 of the Criminal Act, Article 283(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of punishment for the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

arrow