(영문) 울산지방법원 2019.01.24 2018노1122 | 리걸엔진

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(영문) 울산지방법원 2019.01.24 2018노1122

상해등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 11 million.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The instant crime of this case as to the grounds for appeal is an unfavorable circumstance to the Defendant, in the absence of any particular reason, that the Defendant d was under the influence of alcohol and was faced with the face of the said victim when making several times, and was divided into the house of the victim F, which is the outside third village of the Defendant, and was destroyed by the entrance door of the Defendant for the reason that there was no answer, and thus, the crime is not good in light of the criminal background, attitudes, and violent tendency, the victims were not agreed, and there were many records of being punished for the same crime of injury and damage to property, and the crime of this case was committed on September 18, 2017 without being sentenced to a suspended sentence of two years for a suspended sentence on September 18, 2017.

However, the fact that the Defendant recognized the instant crime and reflects on the fact that the Defendant was detained on June 22, 2018 and appears to have the time to reflect on the Defendant’s living in prison for about seven months, and that the degree of injury and the amount of damage caused by the instant crime seems to be significant, are favorable to the Defendant.

When this judgment becomes final and conclusive and conclusive, the sentence imposed by the court below is deemed to be too unreasonable, and the defendant's allegation in the grounds for appeal is reasonable, in light of the following: the defendant's age, character and conduct, intelligence, environment, relationship to victims, motive, means and consequence of the crime, etc., and all the conditions of sentencing indicated in the arguments and records.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【Reason for the Judgment of the Supreme Court】 Criminal facts and evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

-울산지방법원 2018.07.19 2018노454

-광주고등법원 (제주) 2015.04.29 2015노17

-서울고등법원 2015.04.10 2014노3940

-대전지방법원 2015.10.07 2015노2223

-부산지방법원 2014.04.10 2014노541