(영문) 전주지방법원 2015.02.13 2015노25 | 리걸엔진

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 전주지방법원 2015.02.13 2015노25

상해등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (six months of imprisonment) against the Defendant by the Prosecutor is too unfluent and unjust.

B. The lower court’s punishment against the Defendant is too unreasonable.

2. The crime of this case is deemed to require a strict punishment against the defendant, in light of the fact that the defendant committed the crime of this case, who is a public official Eul who is a public official where the defendant gets a success in his viewing and restrains him, and that the nature and circumstances of the crime of this case were not less than that of the victim D, and that the crime of this case committed the crime of this case was not less than that of the victim D, and that the crime of this case was not less than that of the victim D, that there was a considerable obstacle to legitimate execution of duties concerning civil petition counseling, etc. of the public official by the above act of the defendant, that the defendant had been punished several times due to violent crimes in the past, and that the defendant committed the crime of this case even though he had been under suspension of execution due to violent crimes, in particular, even though he did not know even though he had been under suspension of execution due to violent crimes, it seems that the defendant led to the crime of this case, and that the defendant seems to have an opportunity to reflect the life of detention over three months, and that the defendant did not want the defendant's punishment.

Therefore, the prosecutor's above assertion of unfair sentencing is without merit, and the defendant and his counsel's above assertion of unfair sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

An appeal by a prosecutor is groundless, but not by a prosecutor.

참조조문

-형사소송법 제364조 제6항

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