(영문) 울산지방법원 2018.12.27 2018노1062 | 리걸엔진

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(영문) 울산지방법원 2018.12.27 2018노1062

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

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

2. As to the grounds of appeal, the instant crime committed by the Defendant was committed with the victim, who is an employee of the parking lot, and was subject to the victim’s entrance alcohol due to his/her head and was charged with the victim’s bodily injury by hand. In particular, the Defendant was sentenced on May 8, 2015 by the Ulsan District Court to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Ulsan District Court on the grounds of a violation of the Punishment of Violences, etc. Act (hereinafter “joint injury”), and on October 10, 2016, even during the period of repeated offense after the execution of the sentence was completed, the Defendant committed the instant crime, which is not very good, and the Defendant committed a large number of criminal offenses against him/her, and there are many other criminal offenses against him/her.

However, in light of the Defendant’s age, sex, environment, motive and background leading up to the instant crime, its means and consequence, etc., and the degree of tangible force used by the Defendant does not seem to be relatively somewhat light, and the degree of injury suffered by the victim does not seem to have been significant. The Defendant’s consent with the victim 4 million won and the victim does not want punishment against the Defendant, and the victim’s family members and his son appeals against the Defendant, etc., and the Defendant’s age, sex, sex, environment, motive and circumstance leading up to the instant crime, its means and consequence, the circumstances after the instant crime, etc., and the sentencing conditions indicated in the argument and the record, the sentence of the lower court that sentenced 6 months of imprisonment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Judgment which is followed] Criminal facts and summary of evidence recognized by this court.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

-울산지방법원 2018.12.27. 선고 2018노1062 판결

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