(영문) 수원지방법원 2014.10.30 2014노5078 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.10.30 2014노5078

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

(b).

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment with prison labor for six months, and Defendant B: imprisonment with prison labor for eight months) is too unreasonable.

2. The Defendants jointly sought injury that requires approximately six weeks of medical treatment, and thus, the nature of the crime is not somewhat weak, and the victim still wishes to punish the Defendants without agreement with the victim. The Defendants are the victims from the investigative agency to the original trial, and they denied their own criminal acts, and accordingly, are deemed to have suffered considerable mental pain, and the circumstances after the crime are deemed to be disadvantageous to the Defendants.

However, in light of the following facts: (a) the Defendants recognized their own crimes in the trial at the late time; (b) the Defendants deposited KRW 15 million after the sentence of the lower judgment for the victim; and (c) the Defendants deposited KRW 3 million in the trial at the time of the trial; (b) the Defendants had no record of criminal punishment for a certain period of time; and (c) Defendant A had the record of having been punished once before 20 years; and (d) other factors of sentencing as well as all kinds of sentencing as indicated in the arguments and records of the instant case, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime; and (b) the sentence of the lower court against the Defendants is deemed unfair.

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..

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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