(영문) 서울동부지방법원 2016.02.17 2015노1526

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2016.02.17 2015노1526

폭행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

The gist of the reasons for the prosecutor's appeal is that the sentence of the court below that sentenced the defendant to a fine of 700,000 won is too unfilled and unfair.

In full view of the following circumstances: (a) even though the degree of assault that the Defendant used by the victim is relatively minor, the Defendant had the history of having been punished as an act of violence over several times; (b) the Defendant appears to have avoided the crime up to the core of the trial; and (c) other circumstances that are conditions for sentencing, such as the Defendant’s age and environment, etc., the sentence of the lower court is too unfeasible and unfair.

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

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

1. For the reasons for sentencing under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 62(1) of the Act on the Suspension of Execution (amended by Presidential Decree No. 1) (amended by Presidential Decree No. 1), where the extent of assault is minor (limited to the criteria for the suspension of execution): Main reasons for the choice of a stay of execution [the criteria for the suspension of execution]: Where the principal reasons for the choice of a stay of execution are identical crimes and (not less than three times a fine not exceeding five years): Where the form of crime is minor (decision of sentence] where the above reasons for

참조조문

-형법 제62조 제1항

-형법 제260조 제1항

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