logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.10.25 2018노386
폭행
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Ex officio determination

A. On February 20, 2018, the Defendant received the notice of receipt of the records of trial from this court on February 20, 2018, but failed to submit a statement of grounds for appeal within the submission period of 20 days under Article 361-2(1) of the Criminal Procedure Act, and did not state the grounds for appeal in the petition of appeal (the request for appointment of a national defense counsel was also submitted after the lapse of the period for filing an appeal). Accordingly, the Defendant’s assertion cannot be a legitimate ground for appeal.

B. However, in full view of the following circumstances: (a) ex officio, the defendant was living together; (b) the fact that the defendant committed an assault against the victim, which is disadvantageous to the defendant; (c) the defendant did not want the punishment of the defendant; (d) the defendant was the first offender; and (e) other sentencing conditions in this case, such as the character, conduct, environment, family relationship, circumstances and result of the crime; and (e) the circumstances after the crime, the punishment imposed by the court below is too unreasonable.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. On the grounds as seen in the part of ex officio judgment prior to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined as set forth in the Disposition above.

arrow