(영문) 대구지방법원 2016.09.21 2016노2841 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 대구지방법원 2016.09.21 2016노2841

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for up to seven months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful arguments of sentencing by the defendant and the prosecutor, it is recognized that the defendant was not aware of the fact that he/she was sentenced to a fine and was sentenced to a suspended sentence on several occasions due to the same kind of crime, and that he/she committed each of the crimes of this case at the same time during the suspended sentence period without being aware of the fact that he/she was sentenced to a fine, and that the crime is bad in light of the form of each of the crimes of this case and the method of each of the crimes of this case

However, in consideration of the defendant's age, sex, environment, motive, means and consequence of each of the crimes of this case and all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of each of the crimes of this case, since the punishment imposed by the court below is too unreasonable, the defendant's assertion is justified, while the prosecutor's assertion is without merit.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, the criminal

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 258-2(1), 257(1) (a) of the Criminal Act, Article 257(1) (a) of the Criminal Act, Article 257(1) (a) of the Criminal Act, and Article 257(1) (a) of the Criminal Act, and each of the former violence, etc. shall be punished.

참조조문

-형법 제257조 제1항

-형법 제258조의2 제1항

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