(영문) 서울동부지방법원 2015.02.12 2015노17

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(영문) 서울동부지방법원 2015.02.12 2015노17

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case is not clear that the crime of this case was committed by the victim in a de facto marital relationship on the ground that he reported the defendant to the police due to violence, etc., and the defendant has been punished several times, including the sentence of imprisonment and the suspended execution due to the same crime of the past. In particular, the defendant should be punished strictly in light of the fact that he was sentenced to three years of suspended execution on May 16, 2014 to imprisonment with prison labor for the crime of causing property damage, etc. and committed the crime of this case without being aware of it during the suspended execution period.

However, in full view of various circumstances, including the fact that the defendant recognized the crime of this case and divided, that the victim does not want punishment as a person in a de facto marital relationship with the defendant, that the defendant's imprisonment is finalized and confirmed as a result of the sentence of this case, and that the above suspension of execution has been invalidated, and that it seems too harsh, and that the defendant violates his mistake by living close to the two months, and that the defendant is in depth against his wrongness, the sentence of the court below is too unreasonable. Thus, the defendant's argument in the grounds of appeal pointing this out has merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is reasonable, and the judgment

Criminal facts

The summary of the evidence and the facts of the crime recognized by the court and the summary of the evidence are all the same as the judgment of the court of original instance.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties.

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

1. The Criminal Procedure Act;

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