logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.08.29 2013노2190
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and pursuant to Article 48 (1) 1 of the Criminal Act, articles provided to a criminal act may be confiscated. The court below erred in the misapprehension of law by omitting the confiscation provision on the grounds of the judgment and omitting the confiscation sentence on subparagraph 1, which affected the conclusion of the judgment. Thus, the judgment of the court below may no longer be maintained in this respect.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the following is again decided as follows.

Criminal facts

The summary of the facts and evidence acknowledged by this court is the substance of the facts and evidence of the judgment of the court below, and the body body is a tree with a mountain stick made by the defendant "TWick" which is the third of the facts of the crime of the court below, and the last part of the judgment of the court below is the string of the TWick.

(see, e.g., 43 pages) Other than Ro-ro, it is identical to the description in each corresponding column of the lower judgment, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “contributary grounds”

1. Article 62-2 of the Criminal Act on Probation (in light of the criminal records, character and conduct, etc. of the accused, it is difficult to view that the risk of recidivism has been completely resolved, and thus, systematic management, supervision, etc. of probation officers are deemed to be helpful to prevent recidivism and rehabilitation of the accused, imposing probation

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime of this case is subject to the attachment of the victim’s head, who was entirely unaware of the defendant.

arrow