(영문) 부산지방법원 2015.05.21 2015노714 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.05.21 2015노714

상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The defendant does not pay a fine.

Reasons

1. The lower court, among the facts charged against the Defendant, dismissed the prosecution as to each insult, and convicted the Defendant as to the remainder of the charges and obstruction of the performance of official duties.

However, since only the Defendant appealed the guilty portion of the judgment below and did not appeal all the prosecutor and the Defendant with respect to the dismissal of prosecution, the dismissal of prosecution in the judgment below is finalized separately, and only the remaining guilty portion is subject to the judgment of this court.

2. The summary of the grounds for appeal (such as imprisonment with prison labor for eight months and two years of suspended execution) is too unreasonable.

3. The fact that the defendant has the same power is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant led to the instant crime under the influence of alcohol; (b) the Defendant led to the instant crime in contingency; (c) the degree of injury is minor; and (d) the Defendant agreed with the victim; and (c) the Defendant actively endeavored to avoid committing the instant crime due to alcohol, such as joining a meeting after the instant crime; (d) although the Defendant was identical to and committed seven years, it appears that the risk of recidivism is not gross; and (e) the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the instant crime; and (e) other factors that are conditions for sentencing, such as the motive, means and consequence of the instant crime; and (e) the sentence of the lower court is too unreasonable

4. 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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