(영문) 의정부지방법원 2018.04.05 2018노75

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) 의정부지방법원 2018.04.05 2018노75

과실치상

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won in penalty) is too unreasonable.

2. In light of the following: (a) the Defendant made a confession of the instant crime and is against the Defendant during the trial; (b) there is no record of criminal punishment except for a suspended sentence due to insult; (c) the instant crime was committed by an accident that occurred in the course of the commission of the Defendant and the victim without regard to one another; (d) the degree of injury suffered by the victim is one of the victim’s age (94 years), but it is difficult to readily conclude that the result of injury was entirely caused by the Defendant’s mistake; and (e) other circumstances, including the Defendant’s age, sex, environment, and circumstances before and after the instant crime, which are the sentencing conditions specified in the instant pleadings, are considered to be somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【The reasoning of the judgment which is used again] The facts constituting the crime and the summary of the evidence admitted by the court below and the summary of the evidence are as follows: the "E" in the second fourth sentence of the facts constituting the crime of the judgment below is dismissed as "F" and the summary of the evidence is as stated in each corresponding column of the judgment below, except for adding "1.1. Defendant's oral statement" to the summary of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 266 (1) of the Criminal Act applicable to the relevant criminal facts and Article 266 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제266조 제1항

유사 판례

-대구지방법원 2021.02.03 2020노2057

-수원지방법원 2017.05.19 2016노7251

-광주지방법원 2016.03.09 2016노92

-인천지방법원 2017.04.21 2017노131

-수원지방법원 2018.09.21 2018노3116