(영문) 창원지방법원 2016.11.03 2016노2321 | 리걸엔진

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(영문) 창원지방법원 2016.11.03 2016노2321

특수상해

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 sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. One-to-one scambling, and the crime of this case is time between the defendant and the victim with whom the defendant is friendly.

It is not necessary to punish the Defendant when considering the fact that the Defendant was sentenced to two years of imprisonment with prison labor for night, residence, attempted larceny, and assault in 2014 and committed the instant crime during the period of the suspension of execution of execution of the sentence. In particular, there is no need to punish the Defendant solely considering the unfavorable circumstances such as the fact that the Defendant committed the instant crime during the period of the suspension of execution of the sentence.

However, considering all other circumstances, such as the defendant's confession of criminal facts, and the defendant's misjudgments against his own mistake through the life in custody between two months, the victim's injury is relatively minor, the defendant appears to have committed the crime of this case contingently under the influence of alcohol, the victim's payment of 4 million won as agreed money, and the victim does not want the punishment for the defendant, and the crime of this case was committed in the first instance court, which led to the occurrence of the crime of this case during the period of probation, the fact that the period of probation is excessive should be considered as favorable to the defendant. In full view of all other circumstances, the court below's punishment is too unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as follows.

참조조문

-형사소송법 제364조 제6항

유사 판례

-광주지방법원 2013.02.20 2013노19

-창원지방법원 2016.10.06 2016노1874

-창원지방법원 2015.06.18 2015노406

-광주지방법원 2013.04.17 2012노2200

-광주지방법원 2013.11.20 2013노2018