(영문) 수원지방법원 2019.09.27 2019노2876 | 리걸엔진

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(영문) 수원지방법원 2019.09.27 2019노2876

상해

Text

The judgment below

The guilty part shall be reversed.

Defendants shall be punished by imprisonment for six months.

Reasons

1. The lower court sentenced Defendant B to the judgment dismissing the prosecution on the charge of assaulting, among the facts charged against Defendant B, and sentenced Defendants guilty of the remaining facts charged.

However, only the prosecutor filed an appeal against the guilty portion, and both the defendant B and the prosecutor did not file an appeal against the dismissed portion, and the dismissal of the above prosecution became final and conclusive as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The lower court’s punishment (one million won per fine) against the Defendants on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

3. The defendants reflects their mistakes, and the fact that the defendants agreed with the victims is favorable.

However, the crime of injury of this case committed by the Defendants is not very appropriate in light of the background of the crime, relationship with the victim, specific attitude of the act and method of the act, etc., even though the degree of injury actually suffered by the victim is not serious.

In addition, even though the defendants were punished for violent crimes several times, they committed the crime of this case again. Defendant A committed the crime of this case during the period of repeated crime of the same kind, Defendant B committed the crime of this case only for about two months after the period of suspended execution for the same kind of crime expires.

In addition, considering the conditions of sentencing, such as character and conduct, environment, motive, means, and consequence of the crime committed by the Defendants as shown in the arguments of the court below and the party hearing, even if considering the favorable circumstances as seen earlier, the sentence of the court below against the Defendants is too uneasible and unreasonable.

4. In conclusion, the prosecutor's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] Summary of criminal facts and evidence A is the defendant A on December 11, 2014.

참조조문

-형사소송법 제364조 제6항

유사 판례

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