(영문) 대구지방법원 2014.10.31 2014노1453 | 리걸엔진

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(영문) 대구지방법원 2014.10.31 2014노1453

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. It is recognized that the Defendant did not agree with the victim in light of the form of the instant crime, etc. in light of the nature of the crime, the fact that it was not good for the victim to agree with the victim, and that the Defendant had the same criminal records seven times (two times of suspended sentence of imprisonment, and five times of fine) and has violent inclinations.

However, in light of the following: (a) the Defendant led to a confession of a crime in the course of trial; (b) the Defendant made efforts to recover damage by depositing KRW 2 million for the victim after the judgment of the court of first instance; (c) the Defendant misleads the victim’s behavior who was a customer in the place of marina business; and (d) there are some circumstances to consider the background of the crime in this case; and (c) the Defendant is the most likely to support his wife and his wife; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence of the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court, and the summary of the evidence, are the same as the description of the judgment of the court below, except for adding "1. The defendant's oral statement at the court below" to the summary of the evidence, and thus, they are cited 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 criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances in the preceding);

참조조문

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