logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2021.01.22 2020노1473
폭력행위등처벌에관한법률위반(공동폭행)
Text

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 summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one million won penalty) is too unreasonable.

2. The judgment of the court below seems to have reached an attitude that the defendant recognized the crime of this case when it was judged in the first instance, and the defendant agreed with the victim and expressed the victim's intention that the victim does not want the punishment against the defendant. In addition, considering the defendant's age, sex, environment, and circumstances after the crime, the court below's punishment is somewhat unreasonable.

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, and the judgment below is again ruled after pleading as follows.

【Re-written judgment] The summary of facts constituting a crime and evidence recognized by this court is as follows: 1. The Defendant’s oral statement at the trial court (other than adding B) is the same as each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 of the Act on the Punishment of Violences, etc., Article 260 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as shown in Article 62(2) of the Criminal Act, and the sentence is determined as per Disposition.

arrow