logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2019.05.09 2019노80
폭력행위등처벌에관한법률위반(상습상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. In light of the fact that the defendant had been punished several times for the same crime, and that the defendant committed the crime of this case during the period of repeated crime, the defendant's crime of this case shall be subject to criticism.

However, the court below's punishment is too unreasonable in light of the following: the defendant's time to commit the crime of this case and reflects mistake; the degree of injury of the victim C is minor; the defendant's agreement with the victim D in addition to the agreement with the victim C at the court below, the above victims do not want the punishment of the defendant; the defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (3) 3 and (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 2 (3) 1 and (2) 1 of the Punishment of Violences, etc. Act; Article 2 (1) of the same Act concerning the Punishment of Violences, etc.; Article 260 (1) of the Criminal Act

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Articles 37, 38 (1) 2, 50, and the proviso of Article 42 of the Criminal Act [limited to the case of concurrent crimes resulting from the violation of the Act on the Punishment, etc. of Violences, which is the largest punishment];

1. Discretionary mitigation and mitigation of the Criminal Code Article 53 and Article 55(1)3(3) of the Criminal Code (the above favorable circumstances).

arrow