logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.06.10 2016노753
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (six months of imprisonment) is unfair due to excessive negligence (the defendant and his/her defense counsel explicitly withdrawn his/her mental and physical weak claims on the first trial date of the court of first instance). 2. Reviewing the reasoning for appeal on the grounds of appeal, the crime of this case committed by the defendant is not less less than the nature of the crime in light of the content and method of the crime, etc., the injury suffered by the victim is not less severe, and the fact that the defendant has been punished several times due to the same kind of crime, etc. is recognized as disadvantageous to the defendant.

On the other hand, however, the defendant recognized the facts of the crime of this case and reflects his own mistake in depth, and the defendant does not repeat the same crime again.

The defendant's assertion is reasonable, in light of the following: (a) the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime of this case; (b) the defendant's age, motive and consequence of the crime of this case; (c) the situation after the crime of this case; (d) the criminal defendant's criminal records and results; (e) the defendant's punishment imposed by the court below is somewhat unreasonable to maintain it as it is, and thus, it is unreasonable to maintain it as it is, since the defendant's argument is somewhat unreasonable to maintain it as it is, such as deposit of KRW 20,00 for the victim; (e) if this judgment becomes final and conclusive, the previous suspension of execution should be invalidated and suspended for ten months; and (e) balance in general and similar cases of the same or similar cases; and (e) other various circumstances that are conditions for the punishment of this case, including the defendant's age, sex, intelligence and environment; (e) the criminal records, family relations, and economic circumstances.

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 it is again decided as follows.

arrow