본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
서울북부지방법원 2018.10.05 2018노1405

특수상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant is unreasonable as it is excessively unreasonable.

2. The instant crime of determining the grounds for appeal by the Defendant is a very dangerous crime that may harm the life of the victim, as it is a case where the head of the victim is lowered due to a dangerous element of the Defendant’s death.

Prior to the instant crime, the Defendant had been sentenced to a fine twice or imprisonment with prison labor for the same crime, and in particular, the instant crime was committed by a suspended sentence of imprisonment with prison labor for the same kind of crime, and the period of the suspended sentence has not yet expired.

On the other hand, however, the crime of this case seems to have been committed contingent, and the defendant fully acknowledges the above crime until the trial is held.

In the trial of the defendant, the victim expressed his/her intention not to punish the defendant by mutual consent with the victim.

In addition, considering various circumstances, including the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the above punishment sentenced by the court below is deemed unfair due to the reason that it is unfair.

Therefore, the defendant's above assertion is justified.

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

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting a crime and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 Subparag. 1 Subparag. 3 of the Criminal Act (the foregoing consideration is given to favorable circumstances among the reasons for sentencing);