(영문) 울산지방법원 2016.10.14 2016노1250 | 리걸엔진

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굵기

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자간(%)

(영문) 울산지방법원 2016.10.14 2016노1250

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.

2. The judgment is based on the following facts: (a) the defendant recognized the crime of this case; (b) the defendant committed the crime of this case; and (c) the extent of the victim's injury is relatively heavy; or (d) the defendant was punished several times, including that the defendant was sentenced once to imprisonment for the same kind of crime even before the case; and (c) the crime of this case was committed by the defendant 13 years of age, despite having given the defendant the right to be a bus stop; (d) the defendant did not yield the place to the defendant; and (e) the defendant did not have any circumstance to consider the motive of the crime against the physically weak; (e) the defendant did not agree with the victim; (e) the defendant was unable to reach an agreement with the victim; and (e) the defendant did not make efforts to recover damage; and (e) the defendant's age, character and environment; (e) the defendant's motive and circumstances; and (e) the record and circumstances of the crime of this case, as well as the following circumstances, the court below's reasoning appears to be unreasonable.

3. In conclusion, the prosecutor's 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 decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. The order of provisional payment;

참조조문

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