(영문) 의정부지방법원 2016.09.02 2016노1736

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.09.02 2016노1736

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

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

2. The crime of this case in collaboration with Co-Defendant B, who is a co-defendant in the court below, committed an act of assaulting the victim F in a non-discriminatory manner, by deceiving the victims to sell the game account on the Internet, and by deceiving the victims, the crime is not appropriate in light of the background, method, content, and degree of participation, etc. of the crime, the degree of injury suffered by the victim F is not easy, and the fact that the victim F was not yet agreed with the victims is disadvantageous to the defendant.

However, when considering all of the records and arguments of this case such as the defendant's age, character, environment, background, method of crime, degree of participation, circumstances after crime, and criminal records and arguments, the court below's sentencing balance with the defendant's age, character, environment, method of crime, degree of participation, criminal records and criminal records, etc., which are favorable circumstances, the sentencing balance with the defendant's age, character, environment, method of crime, criminal records, criminal records and criminal records, etc., which are favorable to the defendant's living in custody for 2 months, the defendant's life in custody for 20 years in the first time in the society of 20 years in the past, and the possibility and future of improvement of the defendant's living in custody is still necessary.

3. If so, the defendant's appeal is with merit. Accordingly, the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided again after the pleading as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is the summary of the judgment below.

참조조문

-형사소송법 제364조 제6항

유사 판례

-서울북부지방법원 2015.06.23 2015고단1240

-의정부지방법원 2016.12.02 2016노2783

-인천지방법원 2016.11.17 2016고단4306

-부산지방법원 2015.07.23 2015노1408

-의정부지방법원 2016.10.14 2016노2180