(영문) 서울중앙지방법원 2013.10.11 2013노2881

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) 서울중앙지방법원 2013.10.11 2013노2881

폭행

Text

The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. misunderstanding of facts or misunderstanding of legal principles as to the gist of the grounds for appeal (the defendant is merely a defensive act under the circumstance that the defendant was placed on several occasions due to his head at the time, and thus constitutes self-defense) and unfair sentencing 2. The judgment of this court

A. According to the evidence duly admitted and examined by the first instance court as to the assertion of mistake of facts, etc., it is difficult to view the defendant's act as legitimate self-defense against the present unfair infringement, and thus, the defendant's allegation that raised this issue is not acceptable.

B. Although there was no agreement with the victim on the assertion of unfair sentencing even if there was yet no agreement with the victim on the assertion of unfair sentencing, it is recognized that the fine imposed by the first instance court is somewhat unreasonable in full view of the following factors: (a) the defendant has no record of punishment so far; (b) the degree of damage is relatively minor; and (c) the motive for the instant crime is somewhat minor; and (d) the defendant’s age, character, character, environment, family relationship, and circumstances after the crime.

3. As a result, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant law as to the crime and the choice of a sentence (elective of a fine) under Article 260(1)1 of the Criminal Act: (a) a fine of KRW 300,000 to be suspended on January 1, 200; (b) Articles 70 and 69(2) of the Criminal Act (amended by Act No. 50,000 per day) of the Criminal Act to be detained in a workhouse; (c) Article 59(1) of the Suspension of Sentence of Taxation Act (Article 59(1) of the Criminal Act

참조조문

유사 판례

-서울중앙지방법원 2013.07.26 2013노2034

-서울중앙지방법원 2013.12.04 2013노3671

-서울중앙지방법원 2014.02.07 2013노3848

-서울중앙지방법원 2013.12.20 2013노3828

-서울중앙지방법원 2014.01.17 2013노3972