logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 대전지방법원 2015.09.04 2015노1839
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the fact that the instant crime committed on September 12, 2014: (a) the Defendant carried a son and inflicted an injury upon the victim for approximately three weeks of medical treatment; and (b) on February 8, 2015, the Defendant again inflicted an injury on the victim for about four weeks of medical treatment; and (c) the degree of damage is not significant, etc., the Defendant may not be subject to strict liability.

B. Meanwhile, there are extenuating circumstances, such as the Defendant’s 20 years of age and 20 years of age, without being subject to the previous punishment and sentence, confession and reflects on the crime, the Defendant is diagnosed as being subject to traffic accidents around June 2014, and is not in a health condition due to the diagnosis of the body body with the right upper part of the upper part of the body, etc., and the Defendant has reached an agreement with the victim in the first part of the trial.

In addition, the sentence of the court below is too unreasonable in light of all the sentencing conditions shown in the pleadings of this case, such as the family relationship, living environment, motive, details and result of the crime, and the circumstances after the crime.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Violences, etc. which is heavier than punishment shall be added to concurrent crimes resulting from a violation of the Punishment of Violences, etc. Act;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);

1. As seen above, Article 62(1) of the Criminal Act is suspended of execution.

arrow