(영문) 대구지방법원 2016.11.10 2016노918 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2016.11.10 2016노918

상해등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of suspended sentence in four months of imprisonment) is too unreasonable.

2. Determination

A. The lower court rendered the above sentence within the scope of the recommended sentence set out in the sentencing guidelines (one month to June 20), taking into account the following: (a) the Defendant committed the instant crime by taking advantage of superior position in the workplace, and thus, it is necessary to sentence the Defendant a fine heavier than the fine; (b) the Defendant does not seem to have serious injury to the victim; (c) the Defendant agreed with the victim; and (d) there is no penalty heavier than the fine.

B. The crime of this case in the judgment of the court below committed the crime of this case was that the defendant forced the victim's employee to take his head and forced the victim's employee to engage in an unobligatory act, and that the victim abused and injured the victim. Even if the defendant had the intention of giving a decoration for the remaining time after the work, the above act should be subject to criticism in that it was merely passed without respect and consideration for the remaining time after the work, as alleged by the defendant.

However, there are some circumstances in which the defendant committed the crime in this case, and the part and degree of the victim's injury are to be treated for 10 days, and it seems that it is relatively minor as a part of the infant's escape (it does not involve any change, but it seems that there is a little outline and damage to the surrounding organization).

As pointed out by the court below, the defendant agreed with the victim in full, and the defendant recognized all the crimes of this case and violates his mistake in depth.

The relationship between the defendant's social ties is clear, and the defendant's many workplace ties filed a written application for the defendant's preference.

In addition, the defendant has no record of fine or heavier punishment.

In full view of these circumstances, the defendant has already been a defendant.

유사 판례

-전주지방법원 2014.06.13 2014노228

-전주지방법원 2014.06.20 2014노323

-대구고등법원 2015.12.24 2015노274

-창원지방법원 진주지원 2016.11.16 2016고단907

-수원지방법원 안양지원 2017.06.08 2015고단1863