(영문) 광주지방법원 2020.02.06 2019노2944 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.02.06 2019노2944

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment is an unfavorable circumstance to the defendant, such as the fact that the defendant, on drinking, has inflicted an injury to the extent that he can cause the victim's left eye by force, and that the crime is not good, and that the defendant commits another kind of crime during the period of suspension of execution of the same kind of crime.

On the other hand, the fact that the defendant recognizes and reflects the crime of this case, the fact that the victim wanted to take the defendant's wife by paying eight million won to the victim in the trial, and that the defendant committed the crime of this case during the period of suspension of execution of the same crime, but the defendant did not have any other criminal record than a fine due to the crime of violence, is favorable to the defendant.

In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

유사 판례

-광주지방법원 2019.03.27 2019노41

-광주지방법원 2015.12.15 2015노2490

-서울중앙지방법원 2015.07.03 2014노5003

-서울서부지방법원 2015.10.08 2015노1094