(영문) 춘천지방법원 강릉지원 2018.01.25 2017노495

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(영문) 춘천지방법원 강릉지원 2018.01.25 2017노495

특수폭행

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

(2).

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is unreasonable in light of the following circumstances: (a) the defendant was unable to attend the trial of this case due to special intimidation, etc. while continuing the trial of this case; (b) the defendant recognized and reflected the crime; (c) the defendant himself was in danger of committing the crime; (d) the defendant was not in danger of committing the crime itself; (e) the defendant did not appear to display the beer disease; (e) the defendant was agreed with the victim; (e) the balance between the case to be tried at the same time with the crime of special intimidation, etc.; and (e) the defendant was outside of the criminal record of fines several times other than the criminal record of the above special intimidation, etc.; and (e) the defendant’s age, sex behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc. were committed.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the original judgment, and thus, it shall be quoted by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

참조조문

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