logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.12.11 2014노1340
폭행
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. The crime of this case is deemed to have been committed by assaulting a victim who is a doctor on duty in the emergency room, and the quality of the crime is not good. However, the defendant seems to have been mistaken for refusing medical treatment that the victim may go to another hospital if it is impossible for the victim to perform the operation due to the fact that knife in the knife in the knife at the time. In light of the situation at the time of the defendant, physical contact appears to have occurred in the process of resisting the victim. However, considering the situation at the time of the defendant, it seems that it was difficult for the victim to take the knife the part of the victim so long as the victim's knife is difficult as the victim claims, it appears that there was no particular history of crime other than the punishment sentenced by a fine for about 20 years, and in consideration of all the sentencing conditions indicated in this case such as the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, the above argument of unfair sentencing is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 (1) and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of suspended sentence;

arrow