(영문) 부산지방법원 2013.11.01 2013노2618 | 리걸엔진

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(영문) 부산지방법원 2013.11.01 2013노2618

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (the fine of KRW 7,000,000) is too unreasonable.

2. In light of the following: (a) the victim suffered serious injury due to the Defendant’s assaulting the victim for about 12 weeks of medical treatment; (b) the Defendant had been punished by a fine three times due to the same type of crime; and (c) the Defendant did not agree with the victim; and (d) there was no specific data to deem that the Defendant made efforts to recover from damage. Therefore, the Defendant’s strict punishment needs to be punished.

However, in light of various circumstances, such as the confession of the instant crime from the investigative agency to the investigation agency, the Defendant’s mistake is against his own mistake, and the degree of the instant assault is not serious, such as the Defendant’s shouldering once by contingency, etc., and the Defendant’s character, environment, age, motive and background of the crime, means and consequence of the crime, etc., and the conditions for sentencing indicated in the record, such as the circumstances after the crime, etc., the sentence imposed by the lower court 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

유사 판례

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