(영문) 대구지방법원 2017.09.07 2017노2661 | 리걸엔진

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(영문) 대구지방법원 2017.09.07 2017노2661

상해등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant committed each of the instant crimes without being aware of even during the period of repeated crime due to the same crime; (b) the Defendant committed a special injury without being fright despite being prosecuted for the crime of injury; (c) in light of the implements, motive, motive, etc. of the crime; (d) the Defendant recognized and reflected all of the crimes in the first instance; (c) the Defendant agreed with the victim E and G on August 17, 2017; (d) the social relationship of the Defendant appears to be relatively clear; (e) the Defendant’s special injury to the victim G was committed in the course of the crime of the victim’s special injury; (e) the Defendant committed the victim’s chest with a view to having a view to having a view to having a view to having a view to having a view to having caused the victim’s chest in the night-gu room in the process; and (e) the victim’s degree of injury is not the degree of injury; and (e) the victim’s level of injury.

In addition, considering the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, background and result of the instant crime, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant'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 the defendant's appeal is again decided as follows after pleading (in the case of the summary of the 7 criminal evidence of the 3th page of the judgment below, the summary of the 7th page of the judgment below does not reflect it despite the denial of the defendant's crime at the court below. Since it is obvious that it is due to mistake, it is obvious that it is due to mistake, the "1. defendant's legal statement" ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure is corrected to "1. Part of the defendant's court's court statement"]

참조조문

-형사소송규칙 제25조 제1항

유사 판례

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