(영문) 수원지방법원 2018.02.02 2017노7637 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.02.02 2017노7637

존속상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. The reasoning for the appeal (one and half years of imprisonment) of the lower court is too unreasonable.

2. The judgment of the court below is acknowledged by comprehensively taking account of the following circumstances: (a) the Defendant led to the confession of and reflect against the Defendant; (b) despite the fact that there were several other types of punishment, the Defendant has supported the Defendant for a considerable period of time, the victim has not been punished; (c) the Defendant has to support the victim in the future; (d) other types of punishment in the future have to have a more interest in the Defendant and the victim; (e) the Defendant has not been punished by imprisonment; and (e) the Defendant has not been detained for five months or more due to the instant crime, and there is no record of punishment; and (e) the Defendant has been detained for five months or more due to the instant crime, and without any particular reason, he committed an serious injury by assaulting his mother; (e) there was a concern that an emergency situation might have occurred without reporting by neighboring residents; and (e) there was a concern that there was a fear that the Defendant committed a riot or assaulted the victim even before the instant case; and (e) there was a concern that the victim was an assault to be punished by assaulting the victim.

3. In 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 with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 257 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 257 (2) and (1) of the same Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above person);

참조조문

-형법 제62조 제1항

-형법 제257조 제2항

유사 판례

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