logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.12.11 2018노2830
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (eight months of imprisonment) is too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

2. The Defendant committed the instant crime during the period of repeated crime and the period of probation for special injury due to the crime of false accusation. The Defendant, without any particular reason, assaulted and injured the victims, and even after being arrested as an offender in the act of committing an act of committing an offense, is not highly suitable to the nature of the crime.

In addition, the defendant has already been punished for violence during the period of the above repeated crime and the probation period, and is subject to a disposition that has no right to prosecute, and the defendant's attitude is serious.

This is disadvantageous to the defendant.

However, the Defendant seems to have caused depression, etc. and caused the instant crime.

The defendant again agrees not to repeat the crime, and the defendant agreed with the victim B, D in the first instance.

This is the circumstances favorable to the defendant.

In full view of such circumstances and the Defendant’s age (23 years of age), sex, environment, family relationship, motive, background, means and consequence of the crime, and all of the sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime was committed, the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is without merit.

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 reasonable, and the judgment is rendered once again after pleading (the prosecutor's appeal is without merit, but the judgment of the court below is reversed upon acceptance of the defendant's appeal, and the judgment of the court below is not stated separately in the text).

arrow