(영문) 인천지방법원 2016.12.14 2016노4043 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.12.14 2016노4043

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable (two months of imprisonment).

2. In light of the circumstances such as the motive, means and result of the instant crime, Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the instant crime, etc., the lower court’s punishment is somewhat unreasonable in light of the following circumstances: (a) the degree of injury of the instant case is relatively minor; (b) the crime of the instant case and the final judgment at the time of original judgment is in a relation of latter concurrent crimes under the latter part of Article 37 of the Criminal Act; and (c) the deposit of KRW 2 million for the victim; and (b) other sentencing factors indicated in the records, such as the motive, means and result of the instant crime; (c) the Defendant’s age, character and conduct, environment, health status, criminal records, and the circumstances after the crime.

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.

Criminal facts recognized by the court and the summary of the evidence are all the same as stated in the judgment of the court, and the summary of the evidence is cited 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 concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as per the order, comprehensively taking into account the various circumstances as examined in the judgment on the grounds for appeal and the various sentencing conditions shown in the argument of the instant case.

참조조문

유사 판례

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