(영문) 대전지방법원 2014.01.23 2013노2212 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2014.01.23 2013노2212

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the court below (ten months of imprisonment and two years of suspended execution, probation, and community service order 120 hours) is too unreasonable.

2. The crime of this case is deemed to have caused injury to a victim without any particular reason while under the influence of alcohol and the nature of the crime is not weak, and the defendant has been sentenced to a fine or a suspended sentence of imprisonment on several occasions due to the same kind of violent crime in the past, but it is also recognized that the defendant has the record of being sentenced to a suspended sentence of imprisonment. On the other hand, considering the following factors: (a) the defendant confessions and reflects the crime of this case at the time of the trial; (b) the degree of injury suffered by the victim is not severe; (c) the defendant has agreed with the victim in the trial; and (d) other sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime, the court below'

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, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except where “the defendant’s partial statement” in the summary of the evidence written in the original judgment is used as “written statement of the defendant,” the same as that of the original judgment; and (b) thus, it is identical to each corresponding column of the original judgment. As such, it is acceptable

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the court has agreed with the victim);

참조조문

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