logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.08.25 2016노257
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below (2,00,000 won) on the summary of the grounds of appeal is too unreasonable.

2. Each of the crimes of this case, the following day after the Defendant inflicted an injury on the victim, thereby insulting the victim, and the nature of the crime is not weak, and the Defendant has already been punished several times for a violent crime, is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the instant bodily injury crime was committed by contingently at the end of the trial with the victim and the end of the trial; (c) there is no record of criminal punishment exceeding the fine; (d) the Defendant has been sentenced to criminal punishment; and (e) the Defendant has reached an agreement with the victim at the time of the trial; and (e) the Defendant’s age, sexual conduct, motive and background of the crime; and other various circumstances, which are conditions for sentencing as specified in the trial process, such as the circumstances after the commission of the crime, are deemed unfair because the Defendant’s above assertion is justified

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 311 of the Criminal Act (the point of insult) and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Various circumstances as seen in the judgment on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows.

arrow