(영문) 수원지방법원 2017.09.29 2017노1939 | 리걸엔진

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(영문) 수원지방법원 2017.09.29 2017노1939

특수폭행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The reasoning of the appeal is that the sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection and the community service hours) is too unreasonable.

2. In full view of all the sentencing conditions, including the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstances after the crime, etc., the lower court’s punishment is too unreasonable, in light of the following circumstances: (a) the confession of the crime; (b) the confession of the crime; (c) the fact that it was against the Defendant’s judgment was reached in the first instance; (d) the fact that there was no record of criminal punishment for the same kind of crime; and (e) the use of dangerous articles by carrying the victim; and (e) the fact that the victim was investigated several times as a violent act against the victim, which led to the crime of this case;

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment.

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above person);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

참조조문

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