logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.04.20 2016노5377
상해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the lower court (No. 1 month of imprisonment with prison labor, No. 4 months of the lower judgment, and 10 months of the lower judgment) is too unreasonable.

2. As the defendant filed an appeal against the judgment of the court below, each appeal case was consolidated and tried in the court at the same time, and as long as each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a single sentence should be sentenced.

In this respect, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed ex officio, and without having to make a judgment on the defendant's unfair argument of sentencing, all of them are reversed pursuant to Articles 364 (2) and 364 (6) of the Criminal Procedure Act and the pleading is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as stated in 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

Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) as to the crime, Article 257 (1) of the Act on the Punishment of Cumulative Offense, Article 35 of the Criminal Act (the crime of injury) as aggravated for repeated crimes.

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant has been sentenced more than 10 times to violent crimes. As to the crime of injury, the defendant is punished as violent crimes, and the defendant committed the crime during the period of repeated crime. As to the crime of special bodily injury, the victim's complaint against the fact that the defendant reported 112 is a dangerous article with respect to the crime of special bodily injury, and the crime of special bodily injury is committed during the trial.

The defendant recognizes each crime and reflects it, and the victim's damage is about the crime of injury.

arrow