(영문) 서울북부지방법원 2021.03.23 2020노1475

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자간(%)

(영문) 서울북부지방법원 2021.03.23 2020노1475

특수상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of grounds for appeal (defendants and public prosecutors);

A. The sentence of the lower court against the Defendant (two years of imprisonment) is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. In light of the motive of the instant crime, the cruelness of the method of the commission of the crime, etc., the victim seems to have suffered considerable mental and physical pain, and had been threatened with life. Considering the fact that the Defendant, who was arrested in the act of committing the instant crime and transferred to the Seoul Central Tran Police Station, appears to have threatened the victim even in the situation where he was arrested in the act of committing the instant crime and was brought into the Seoul Central Tran Police Station, there is a doubt that the Defendant committed the instant crime against the victim, and thus, it is necessary to punish the Defendant with severe punishment corresponding thereto.

However, in full view of the following factors: (a) the defendant has reached an agreement with the victim when he was in the trial; (b) the defendant has no criminal record exceeding the fine; and (c) the defendant's age, sex and environment; (b) the motive of the crime; and (c) the circumstances after the crime, etc., the sentence of the court below is somewhat inappropriate and unfair.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. As such, the appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal of this case is again decided as follows (as long as the judgment of the court below is accepted by the defendant's appeal and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed separately from the order). [Grounds for the new judgment] Criminal facts and summary of evidence are the same as that of each corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of

유사 판례

-대전지방법원 2018.08.30 2018노788

-서울고등법원 (춘천) 2015.08.12 2015노97

-의정부지방법원 2017.06.12 2017노965

-대구고등법원 2013.04.25 2012노744

-부산고등법원 2016.09.08 2016노401