(영문) 서울남부지방법원 2015.10.22 2015노989

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(영문) 서울남부지방법원 2015.10.22 2015노989

폭력행위등처벌에관한법률위반(공동폭행)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant committed a crime in this case due to his or her accomplice A’s intimidation or coercion; (b) the Defendant has agreed with the victim; (c) the Defendant has been suffering from mental illness; and (d) the Defendant has been in need of medical treatment; and (c) the Defendant is a primary offender.

2. The judgment is that the Defendant assaulted the victim with intellectual disability 3 on two occasions together with his accomplices, and recommended the victim to become the other party to sexual traffic, so that the crime is not very good and the possibility of criticism is high, and that the victim's damage and suffering are not considerable, and that there is a need for the corresponding punishment in light of the method and content of the crime is disadvantageous to the Defendant.

However, it appears that the defendant divided his/her wrong and reflects against his/her will. At the first time, in order to assist the victim, the victim participated in the crime led by his/her accomplice in the relationship with the accomplice, the victim was in agreement with the victim, and the victim appears to have been an opportunity for the defendant to reflect his/her personality and behavior while living in prison for more than four months, the social relation between the defendant and the defendant seems to be clear, and there is a need for the defendant to expect improvement of personality and behavior as his/her age, and to give him/her an opportunity to live as a sound social person once, and there is no means to punish the defendant.

In full view of the various circumstances, including these circumstances, including the circumstances after the crime and the family relationship of the defendant, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is reasonable, and therefore, it is in accordance with Article 364 (6) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

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