(영문) 수원지방법원 2014.12.04 2014노5681 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.12.04 2014노5681

상해

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

【Judgment on Grounds for Appeal】

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant had a history of criminal punishment, including two-time criminal records and several criminal records, and the victim’s face at the time of assaulting another person, and the background, method, and consequence of the crime that inflicted bodily injury, such as the cutting of the floor, etc., for 56 days in consideration of the victim’s face, it is necessary to punish the Defendant with severe punishment, considering the fact that the crime of this case is not considerably good, and that there is no agreement with the victim, etc.

However, in full view of the fact that the defendant led to the confession of the crime and made efforts to recover the damage by depositing the amount of KRW 4 million in the original instance, KRW 10 million in the trial court, and KRW 10 million in the trial court, the considerable damage seems to have been recovered, resulting in contingent crimes, and other various sentencing factors in this case, the sentence of the lower court, which sentenced to the punishment, is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Reasons for the decision to see] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Probation and community service order under Article 62-2 of the Criminal Act;

참조조문

유사 판례

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