(영문) 인천지방법원 2021.03.19 2020노4115 | 리걸엔진

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(영문) 인천지방법원 2021.03.19 2020노4115

폭력행위등처벌에관한법률위반(공동상해)

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The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by a fine of KRW 10 million.

Reasons

1. The summary of the grounds for appeal is that each sentence (six months of imprisonment) imposed by the court below on the Defendants is too unreasonable.

2. The Defendants committed the instant crime without being aware of the fact that the Defendants committed an injury against the victim due to minor loans, the degree of tangible force that the Defendants exercised, and the Defendants committed the instant crime without being aware of the fact that the Defendants committed the instant crime during the period of suspension of execution is disadvantageous to the Defendants.

However, in the past when the Defendants were judged to have committed the instant crime, it appears that the Defendants did not want to punish the Defendants, the Defendants did not have any record of criminal punishment for the same crime, and the Defendants did not have been detained for more than four months, and the Defendants had been detained for more than four months, which are favorable circumstances to the Defendants.

In addition, in full view of various sentencing conditions as shown in the records and arguments, such as the age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., each punishment sentenced by the court below is too unreasonable.

3. As such, the defendants' appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Grounds for the judgment below] The summary of facts constituting a crime and evidence recognized by this court is identical to the description of each corresponding column of the judgment below, except for the case where the court below changed the "1. Part of Defendant A's legal statement" as "1. Defendant A's own legal statement" from among the column of "a summary of evidence" of the judgment below to "1. Defendant's own legal statement". Thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2)3 of the Punishment of Violences, etc. Act, Article 2(2)3 of the Criminal Act, Article 257(1) of the Criminal Act, and Article 257 of the Criminal Act, respectively, concerning the crime;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

-형법 제257조 제1항

유사 판례

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-부산지방법원 2015.01.15 2014노3713

-대전지방법원 2016.10.27 2016노2140

-부산지방법원 2013.08.08 2013노1595