(영문) 대구지방법원 2015.04.16 2014노2032 | 리걸엔진

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(영문) 대구지방법원 2015.04.16 2014노2032

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the punishment (two years of suspended execution and one hundred and twenty hours of community service in six months of imprisonment) declared by the court below is too unreasonable.

2. Determination is an unfavorable circumstance to the Defendant, such as the fact that the Defendant inflicted an injury on the victim of old age, and the degree of injury on the victim is not minor.

On the other hand, the fact that the defendant recognized the crime of this case and reflecteds his mistake, except for those sentenced to a fine in violation of the Punishment of Violences, etc. Act in 1987, the fact that there is no particular criminal punishment, and that one million won was deposited for the victim is favorable to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, various circumstances, including the records of this case and the circumstances after the crime, the sentence imposed by the court below is deemed to be 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding part 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 of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. In full view of the conditions of sentencing prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence is determined as per Disposition.

참조조문

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