(영문) 서울북부지방법원 2016.12.22 2016노2095

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2016.12.22 2016노2095

상해등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Reasons

1. The lower court dismissed the prosecution against the Defendants regarding each of the charges of assault, and sentenced the Defendants guilty as to the remainder of the charges.

However, since the Defendants appealed from the judgment of the court below on the grounds of unfair sentencing, and did not appeal both the Defendants and the prosecutor with respect to the dismissal of prosecution, the part on dismissal of prosecution among the judgment below was separately determined, and only the remaining guilty part is subject to this court’

2. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: Imprisonment with prison labor for one year and six months, and Defendant B: Imprisonment with prison labor for ten months) is too unreasonable.

3. Determination on the grounds for appeal

A. Defendant A’s injury inflicted on the victim K due to the above crime, and the defendant tried to deny the crime from the investigative agency to the court below in relation to the above crime, and to transfer his responsibility to L with respect to the above crime, and the defendant inflicted injury on the victimO without any particular reason. However, while the defendant was in the trial at the court below, the defendant was in contravention of the whole recognition of the crime in this case, and the defendant agreed with the victim'sO at the court below. The victim K and T agreed that the above victims did not want punishment against the defendant, only one time of punishment, and other circumstances favorable to the defendant, including the motive and background leading up to the crime in this case, the means and method of the crime, the circumstances before and after the crime, the defendant’s age, character and conduct, the environment, occupation, and family relationship, etc., are considered, it is too unfair to punish the defendant sentenced by the court below.

B. Defendant B violates the Punishment of Violences, etc. Act (joint injury) for a period of less than one year.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

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