(영문) 부산지방법원 2016.11.03 2016노1613 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.11.03 2016노1613

상해

Text

The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

Reasons

1. The punishment of a fine of KRW 7 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.

2. Although there is a history of punishment three times, such as the defendant was sentenced to the suspended sentence of imprisonment due to the crime of injury, the defendant committed the crime of the same kind again during the period of the suspended sentence; the victim was suffering from the injury that is not somewhat weak due to the crime of this case; the defendant started to assault the victim first; and the crime of this case is still not yet agreed with the victim; the crime of this case or its possibility of criticism is recognized and against the defendant; the defendant takes an attitude to recognize and reflect the mistake; the defendant deposited one million won in the court below; the crime of this case began at the meeting of the party branch; the crime of this case began at the minor dispute at the meeting of the party branch of the party branch of the party branch of the court below; the defendant also suffered from the injury of four weeks heavy from the victim; and considering all the circumstances such as the defendant's age, character and conduct, circumstances, motive and circumstance, motive of the crime, and circumstances after the crime, it is too excessive to sentence in the court below.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered after pleading

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

참조조문

유사 판례

-부산지방법원 2016.12.22 2016노1995

-부산지방법원 2016.11.24 2016노2228

-부산지방법원 2016.11.10 2016노1757

-부산지방법원 2016.10.06 2016노2580

-부산지방법원 2016.09.08 2016노926