logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.04.10 2014노639
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)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.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) The sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

The crime of this case is committed on the part of the defendant, without any reason, with the beer disease, which is a dangerous and dangerous object when the defendant drinked the victim E, thereby causing an injury in need of medical treatment for about six weeks. The crime of this case is committed on the part of the defendant. The defendant's liability for the crime is not less than that of the defendant since the defendant's act is committed on the part of the victim, when he gets fright by drinking and launching the victim's head, frighting with the beer's disease, collecting the cart, which is a dangerous object, and causing an unforeseen injury in the number of treatment days. The crime of this case was committed on the part of the victim's G when she emitted the victim's G, and the degree of the victim's injury suffered by the victim E, and the risk of the crime

However, considering the following circumstances: (a) the Defendant agreed with the Victim F in the lower court; (b) the Defendant agreed additionally with the Victim E in the trial; (c) the Defendant appears to have committed any contingent crime under the influence of alcohol; (d) there is no record of crime except for a fine imposed once for an attempted larceny in 2012; (b) the Defendant has been living in custody near three months in the instant case; (c) the Defendant has been able to know himself/herself while living in custody; (d) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) all other circumstances, which are the conditions for the sentencing specified in the instant case, such as the circumstances after the crime

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Criminal Act and the Punishment of Violences, etc. Act concerning the selection of punishment;

arrow