(영문) 부산지방법원 2013.12.31 2013노3835 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2013.12.31 2013노3835

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the Defendant is a person who has been punished five times for the same kind of crime in the past, and the degree of injury suffered by the victim due to the instant crime is disadvantageous.

However, in light of the defendant's depth, and the defendant deposited 2 million won of compensation for damage in the trial process of the court below, and received the victim's letter of favor. The crime of this case was committed by the defendant who is under the age of drinking alcohol and did not attend the examination of the defendant's president while drinking alcohol, and the circumstances that the defendant did not attend the examination of the defendant's president are prudented, the defendant is in a position to support his wife and children while working for the food materials delivery company, and other conditions of sentencing as shown in the records, it is reasonable to view that the sentence of the court below, which sentenced to the punishment, is too heavy.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act of which punishment is chosen;

1. Article 62(1) of the Criminal Act on the suspended execution

1. Article 62-2 of the Criminal Act on Probation (in light of the criminal records, character and conduct, etc. of the accused, it is difficult to view that the risk of recidivism has been completely resolved, and thus, systematic management, supervision, etc. of probation officers are deemed to be helpful to prevent recidivism and rehabilitation of the accused, imposing probation

참조조문

유사 판례

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