(영문) 춘천지방법원 2014.07.02 2014노57 | 리걸엔진

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(영문) 춘천지방법원 2014.07.02 2014노57

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12,000,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (one year of imprisonment) is too unreasonable.

2. Determination: (a) The defendant was sentenced to three years of suspension of execution on April 13, 2012 due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) in the original branch of the Chuncheon District Court on the grounds of the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. on April 13, 2012; (b) the judgment became final and conclusive on April 21, 2012; and (c) again committed the instant crime without being aware of it during the period of suspension of execution; and (d) the degree of damage to the victim is serious; (c) the defendant is detained for at least seven months, and thus his mistake is recognized and is against depth; (d) the defendant seems to have been taken into account the motive and circumstance leading to the instant crime; (e) the defendant deposited KRW 13 million for the victim; (e) the defendant has a family member to support the defendant; and (e) the defendant should be recovered to the sentence even after the above suspension of execution; and (e) the defendant’s reasoning.

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 evidence admitted by the court is the same as the corresponding column 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. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) of the same Act concerning the Selection of Punishment of Violences, etc. and Article 257 (1) of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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