(영문) 수원지방법원 2018.05.24 2018노1619 | 리걸엔진

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(영문) 수원지방법원 2018.05.24 2018노1619

폭력행위등처벌에관한법률위반(공동상해)

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The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant reflects his mistake, the punishment of the court below (two months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine both the sales division prosecutor and the defendant's unfair argument of sentencing.

Each of the crimes of this case was committed by the defendant, provoking time as a minor day, and the victim was committed, which is not good, and the defendant inflicted an injury by assaulting a person who has damaged another person's property without any reason, and whose nature of the crime was very poor, and the defendant committed the crime of this case even though he had the record of punishment for the same kind of crime, and there is a disadvantage to the defendant, such as the crime of this case.

However, in light of all the sentencing conditions stated in the arguments of this case, such as the defendant's age, sex, environment, circumstances after the crime of this case, etc., it is recognized that the sentence imposed by the court below is somewhat unreasonable, considering the following factors: (a) the defendant did not want the punishment of the defendant in the court below; (b) the victim does not want the punishment of the defendant in consultation with the victim I; (c) the defendant appears to have an attitude against his fault; and (d) the defendant has been subject to criminal punishment several times due to reckless behavior even though the defendant has yet to age; and (e) the defendant has to be subject to punishment several times for the defendant to be a responsible adult.

3. The part of the judgment of the court below against the defendant is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the appeal by the prosecutor is without merit, and it is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

유사 판례

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