(영문) 수원지방법원 2019.09.26 2019노4186 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.09.26 2019노4186

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The crime of this case is acknowledged in light of the following: (a) the Defendant committed the instant crime: (b) in the form that the Defendant would cause the victim to return a part of his singing fee; and (c) the victim was knee knee knee se kne se se se se se se se se se se se se se se se se se se se se se se se s

However, in full view of the following factors: (a) the Defendant led to a confession of and reflects in depth on the Defendant; (b) the degree of physical force of the Defendant exercised against the victim was not strong; (c) the degree of injury inflicted upon the victim by the instant crime was not significant; (d) the Defendant wants the Defendant’s wife against the Defendant by mutual consent with the victim; (e) the Defendant was living under detention; and (e) the Defendant’s age, career, character and conduct, environment, motive, means and consequence of the instant crime; and (e) other factors of sentencing as indicated in the instant pleadings, such as the circumstances after the crime, etc., the sentence of the lower judgment is too unreasonable.

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.

[Discied reasoning] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding part of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

참조조문

유사 판례

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