(영문) 인천지방법원 2018.04.12 2018노340 | 리걸엔진

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(영문) 인천지방법원 2018.04.12 2018노340

폭력행위등처벌에관한법률위반(공동상해)

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The judgment below

The part against the Defendants is reversed in entirety.

Defendant

A, with imprisonment of one year and two months, and Defendant C.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants (one year and two months of imprisonment, and one year of imprisonment) is too unreasonable.

2. The crime of this case was committed in a manner that prevents the Defendants from driving along the road, and was committed by all six persons, including the co-defendants of the court below. In particular, Defendant A and C continued to drive away until the end of the crime, and the method and quality of the crime are extremely poor, and the injury of the victims is not easy (e.g., the possibility that the harm of the victims may be caused by the climatic disease and the network disorder). However, the Defendants are against the recognition of the crime of this case. The Defendants agreed to pay a certain amount of money to the victims in the trial and agreed to do so, and Defendant A did not have any criminal history other than fines, and Defendant C did not have any criminal history on the part of the first offender without any criminal record.

In full view of the above circumstances and all of the sentencing conditions shown in the pleadings up to the depth of the party, including the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, etc., the punishment imposed by the court below on the Defendants is deemed unfair because it is too unreasonable.

Therefore, each of the defendants' arguments about sentencing are justified.

3. In conclusion, the part of the judgment below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is all reasonable, and it is again decided as follows.

【The reasons for the new judgment against the Defendants】 The facts constituting the crime and the summary of the evidence recognized by the court, and the summary of the evidence, are as stated in each corresponding column of the reasoning of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;

유사 판례

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