(영문) 전주지방법원 2017.09.29 2017노1210 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2017.09.29 2017노1210

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (a period of four months of imprisonment and two years of suspended sentence, etc.), the Defendant asserts that the prosecutor is too unfasible and unfair.

2. In light of the fact that the crime of this case was committed by the Defendant as a noise problem between floors, and that the crime of this case was committed by a non-discriminatory assaulting the victim who works in fluoria and causing injury, the crime of this case should be punished strictly.

However, on the other hand, there is no record of criminal punishment that the defendant had previously been subject to criminal punishment, the fact that the defendant recognized the crime of this case and reflects the mistake, deposit KRW 2 million for the victim in the first instance, and dispute over the noise problem between floors, and seems to lead to the crime of this case in contingency, and again, it would not repeat the same mistake.

In full view of the fact that the sentence of the court below is too excessive and unfair, taking into account the circumstances leading to the instant crime, the age of the Defendant, sexual conduct, environment, etc., and various sentencing conditions shown in the records and arguments, the defendant's assertion is reasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each of the corresponding columns of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

유사 판례

-전주지방법원 군산지원 2017.08.11 2017고단539

-전주지방법원 2016.05.19 2015노1480

-대구지방법원 2017.11.24 2017노2322

-대구지방법원 2016.02.12 2015고정1900

-서울동부지방법원 2017.11.09 2017노904