(영문) 청주지방법원 2012.11.08 2012노785 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2012.11.08 2012노785

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (six months of imprisonment) against the third crime as stated in the judgment of the court below by the defendant is too unreasonable.

B. The Prosecutor’s sentence (the first and second crimes: imprisonment with prison labor for one year and six months, the year of suspended execution for two years, and the third crimes as indicated in the holding: imprisonment with prison labor for six months) of the lower court is too uneased and unreasonable.

2. The lower court rendered a judgment of dismissal of prosecution against intimidation among the facts charged in the instant case, and rendered a judgment of conviction against the remainder.

However, the prosecutor did not appeal the dismissal of the public prosecution as to the above dismissal portion and appealed only for the part found guilty among the facts charged in this case, and the scope of this court’s judgment is limited to

3. Determination

A. In light of the fact that there are several criminal records for the crimes Nos. 1 and 2 in the judgment of the court below with respect to the defendant, the punishment for the crimes Nos. 1 and 2 in the judgment of the court below is appropriate in light of the circumstances unfavorable to the defendant, the fact that the crime was committed before the final and conclusive judgment and the balance with the punishment should be considered, and all the victims agreed with

B. Regarding the crime of the crime of the crime of the crime of the crime of the crime of the crime of the No. 3, the defendant did not directly operate the news report room which was already operated by the defendant B and C, and the above C took part indirectly in the operation of the news report room by borrowing the money necessary to operate the news report room from the defendant's mother-child AL, and the above circumstances were considered as sentencing factors favorable to the defendant. However, there is no evidence that AL lent the money to the above C (it is difficult to understand that AL lent the money to the defendant in cash without a loan certificate), but it is difficult to understand that AL borrowed the money of the amount of KRW 20 million from cash without a loan certificate).

유사 판례

-인천지방법원 2013.10.31 2013노2687

-수원지방법원 2014.01.09 2013노4659

-수원지방법원 2016.08.18 2016노1773

-부산지방법원 2019.02.14 2018노3967

-광주지방법원 2016.11.30 2016노3470