logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.01.12 2016노1249
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The defendant used violence against victims or threatened or insulting victims on the grounds that he/she opposed to the projects promoted in the village where he/she resides without any particular reason.

The defendant's use of violence against the elderly victims is not good, and the defendant threatened the victim by using dangerous articles.

Among the six victims, the defendant did not reach an agreement with the victims other than the two victims agreed in the trial, and some victims want to punish the defendant.

However, there are the following favorable circumstances for the defendant.

When the defendant was in a trial, all the facts charged of this case are recognized. After being detained on the date of the original trial, the defendant lives in custody for about three months after being detained in court on the date of the original trial, and his mistake is divided and reflected in depth.

Unlike the degree of assault exercised by the defendant, it is not deemed that the victims' damage results are more serious.

The defendant agreed with the victim E and F in the trial of the party, and the victims are seeking the defendant's prior action.

In addition, the defendant deposited a total of KRW 4,400,000 for the rest of the victims who have not been agreed at the trial.

In light of the fact that the defendant has no record of criminal punishment except that he/she was sentenced to a fine of KRW 300,000 as a crime of gambling in 2001, he/she does not seem to have a violent habit or a high risk of recidivism.

The defendant seems to have been living while serving for his own village as a village head.

In addition to the above circumstances, the records and arguments of this case, such as the defendant's age, sex, career, environment, background and result of the crime, and the circumstances after the crime.

arrow