(영문) 전주지방법원 2015.10.23 2015노977 | 리걸엔진

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(영문) 전주지방법원 2015.10.23 2015노977

상해등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. In view of the fact that the instant crime committed by the Defendant was committed at a trial as a matter of course with the victim and the vehicle with the victim, the Defendant would inflict an injury of four weeks prior to leaving the victim, driving without a license, and the nature of the relevant crime is heavy, and the Defendant has a history of criminal punishment several times due to violent crimes, it is necessary to strictly punish the Defendant.

However, in consideration of the fact that the defendant led to the confession of the crime of this case and the mistake, the fact that the defendant agreed with the victim in the trial, the fact that there is no record of criminal punishment exceeding the fine due to the crime of violence, and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, family environment, the sentence of the court below is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Article 257 (1) of the Criminal Act (the point of injury), Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act (the point of driving without a license) and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

참조조문

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