(영문) 울산지방법원 2018.04.20 2018노187 | 리걸엔진

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(영문) 울산지방법원 2018.04.20 2018노187

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In the case of the crime of joint injury of this case, the defendant was aware of the face of the victim G who had already been aware of his face and has already been aware of his face. In light of the method of the crime, the part of the injury, and the degree of the injury. In particular, the perjury in a criminal trial is a serious crime that obstructs the discovery of substantial truth by the court and causes disturbance of judicial action and obstructs the operation of the normal judicial system. The above perjury is not only minor but also relatively active in the process of the crime, and the defendant was punished for joint assault around 2014, and it is disadvantageous to the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized all of his mistake and seriously reflects the defendant, that the defendant paid KRW 10 million to the trial of the party, and that the defendant only agreed with the major victim by paying KRW 10 million, that the victim does not want the punishment of the defendant, that the defendant's wife wanted the defendant's wife, that the defendant's perjury is clear, and that the defendant's perjury does not seem to have a significant impact on the party's belief as a result of the trial of the case, and that there are other circumstances favorable to the defendant, such as the defendant's age, sex, sex, environment, motive, background, means and consequence of the crime, the circumstances after the crime, and whether the change of circumstances occurred after the sentence of the judgment of the court below, the court below's punishment is too unreasonable.

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 the judgment below is ruled again as follows.

[Grounds for the judgment to be used again] Summary of facts constituting a crime and evidence

유사 판례

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