logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.05.10 2013노980
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The Defendant made efforts to recover from damage, without any particular reason, to the victims of a number of victims aged, and the Defendant made efforts to recover from damage.

In light of the fact that there is no agreement between the victims or between the victims, it is necessary to strictly punish the defendants.

However, in light of various circumstances, such as the confession of the instant crime from the court below to the court below, the victim’s assault or injury, the degree of assault or injury inflicted on the victims, and other conditions of sentencing indicated in the record, such as the character, conduct, environment, age, motive and circumstance of the crime, means and consequence of the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

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. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment);

2. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravated Punishment of Violences, etc. with the largest punishment)

3. Article 62 (1) of the Criminal Act (Consideration favorable to the preceding); and

arrow