logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2014.02.05 2013노808
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. Summary of grounds for appeal;

A. The Prosecutor’s sentence (four months of imprisonment) is too unhued and unfair.

B. The sentence of the lower court is too unreasonable.

2. In light of the fact that the Defendant committed again the instant crime during the period of suspended execution due to the crime of forging private documents even though there are many records of punishment for the same crime, it is also necessary to punish the Defendant strictly.

However, in addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the arguments, such as the situation after the crime, etc., the sentence of the court below is too unreasonable, since it is recognized that the sentence of the defendant is too unreasonable, since it is too unreasonable, the defendant's above assertion is justified.

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 following decision is delivered

In conclusion, the Prosecutor’s appeal is without merit, but is reversed by accepting the Defendant’s appeal, and the decision of the court below is without merit). 【Reasons for the judgment which was rendered in multiple times, the summary of facts constituting an offense and evidence is identical to that of the judgment below, and thus, the gist of facts constituting an offense and evidence recognized by the court is identical to that of the judgment below. Thus, it is acceptable

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;

arrow