logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.04.30 2015노30
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment is based on the following: although the defendant's mistake is recognized as a substitute for the defendant, it is against the depth of the defendant, and the person with a disability in the first degree of visual disability is considered to have difficulty in living, and there is no record of punishment for the same kind of crime, and the victim expressed his/her intent that he/she does not want the punishment for the defendant. However, considering the above circumstances, the court below seems to have sentenced to a fine of KRW 2 million reduced by a fine of KRW 4 million pursuant to the summary order in consideration of the above circumstances, the victims' degree of damages suffered by each of the crimes in this case, and other various circumstances such as the defendant's motive and circumstance leading to each of the crimes in this case, circumstance before and after the crimes in this case, the defendant's age, character and behavior, environment, occupation and family relation, etc., the punishment imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in the application of the law of the court below, the "Article 262 and Article 260 (1) of the Criminal Act" in the "Article 262 and Article 260 (1) of the Criminal Act is an erroneous entry under Articles 262, 260 (1), and 257 (1) of the Criminal Act". Thus, the correction is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

.

arrow