logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.09.04 2015노2359
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. In full view of the facts that the Defendant committed the instant crime during the period of suspension of execution, even though it is recognized that the Defendant committed the instant crime during the period of suspension of execution, the sentence imposed by the lower court on the Defendant is somewhat unreasonable, in view of the following: (a) the Defendant recognized all of the instant crimes; (b) the Defendant agreed with the victim C at the time of the trial; and (c) the Defendant’s age, character and conduct, the developments and motive leading to the instant crime; and (d) other circumstances that form the conditions of sentencing as

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are 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. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize all of the instant crimes, and the fact that the Defendant agreed with the victim C is favorable to the Defendant.

However, the defendant has a record of criminal punishment more than 10 times for a crime with violent inclinations, and in particular, the crime of this case is committed during the period of probation, and the nature of the crime is very poor, and it is assessed that the risk of recidivism is high, and the sentence of sentence against the defendant cannot be avoided, and it is not agreed with the other victims except for the above victims.

Defendant. Other defendant.

arrow