logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.04.05 2018노310
상해
Text

The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. On the summary of the grounds for appeal, the court below asserts that the defendant is too unfasible to the punishment imposed by the court below (eight months of imprisonment), and that the prosecutor is too unfased and unfair.

2. The judgment of the accused can have been punished for violent crimes, and there is a need to strictly punish the accused on the basis of the degree of damage caused by the injured party's injury to the negoriologic disease.

However, the defendant recognized the crime of this case, and the court below paid 3 million won to the victim under the pretext of agreement at the court below (the victim received 3 million won from the defendant on June 25, 2017 after the date of the occurrence of the case, and prepared a written agreement with the defendant on June 25, 2017, but submitted a written application to the purport that the defendant's severe punishment was desired because he was aware of the result of unexpected injury after the occurrence of the case, and submitted a written application to the effect that he wants to be punished for the defendant's severe punishment). In addition to the deposit, the victim and the above victim did not want the punishment of the defendant

In full view of the fact that the defendant has an opportunity to reflect on the defendant's living in close custody for three months, and other various circumstances such as the defendant's age, relationship with the victim, developments leading to the occurrence of the case, and family relationship, the sentence imposed by the court below is unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the relevant Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing criteria [the type of violent crimes] shall be generally injured;

arrow