(영문) 수원지방법원 2018.01.24 2017노8738 | 리걸엔진

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(영문) 수원지방법원 2018.01.24 2017노8738

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unreasonable that the court below's each sentence (defendant A: imprisonment of 8 months and Defendant B: imprisonment of 6 months) declared against the Defendants.

2. Each of the crimes of this case committed by the Defendants in collusion with D, with a considerable degree of injury to three victims, and the crime is not likely to be committed in light of the content and method of the crime, the part and degree of injury, etc.

On the other hand, however, the defendants showed the attitude of reflecting all their mistakes, and they agreed to the victims in the first instance.

In addition, there is no history of criminal punishment against the Defendants.

In light of the aforementioned conditions unfavorable or favorable to the Defendants, the circumstances after the commission of each of the instant crimes, the Defendants’ age, sexual conduct, environment, and all other conditions of sentencing as shown in the pleadings of the instant case, the lower court’s respective punishment imposed on the Defendants is unreasonable, and thus, the Defendants’ above assertion is with merit.

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

[Re-written judgment] The summary of the facts constituting an offense and evidence against the Defendants recognized by this court is identical to the entries in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (the choice of imprisonment) concerning criminal facts;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1468, Apr. 1, 201)

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

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