(영문) 부산지방법원 2017.06.15 2017노1189 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.06.15 2017노1189

특수상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (two years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case, based on the judgment, is found to be disadvantageous to the defendant, such as: (a) the defendant laid a brick, which is a dangerous object against the victim; and (b) the victim suffered an injury requiring a three-day medical treatment; (c) the criminal liability is grave in light of the content of the crime and the degree of damage; (d) the defendant committed the crime of this case when he commits a repeated crime in the same kind of crime; and (e) the defendant was unable to agree with the victim.

However, the Defendant’s confession of the crime of this case reflects the Defendant’s mistake in depth, appears to have committed the crime of this case contingently while under the influence of alcohol, and the Defendant will arrange the overall appraisal of the victim and C and will not avoid committing the crime twice again.

In light of the fact that it is hard to see, and other circumstances that form the conditions for sentencing as shown in the argument of this case, such as the defendant's age, sexual conduct, environment, etc., the sentence of the court below against the defendant is too uneasible and unfair, but it is recognized that it is unfair because it is too too uneasible.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows, but the prosecutor's appeal is without merit, but the decision of the court below is reversed by accepting the defendant's appeal, the prosecutor's

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as shown in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 of the Criminal Act concerning the crime

참조조문

-형법 제258조의2

유사 판례

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