logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.01.21 2015노3518
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (6 months of imprisonment) is too unreasonable.

2. The degree of injury to the victim is relatively significant, and the fact that the Defendant was unable to agree with the victim, and that the damage was not recovered is disadvantageous.

However, there are extenuating circumstances, such as that the defendant's life is against the defendant's wrong mind through a period of approximately three months of detention, that is the first offender who has no record of criminal punishment, that the defendant is old and physically handicapped, that it is difficult to reduce the long-term detention life, that the defendant does not seem to have committed the crime of this case on a conclusive basis, and that the defendant does not seem to have committed the crime of this case, and other sentencing conditions such as the defendant's age, sexual behavior, environment, motive, means and consequence, circumstances after the crime of this case, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee for each of the crimes of this case is from April to June, and the range of the recommended sentence according to the sentencing guidelines of the sentencing committee for the crime of this case is from April to June, the group of violent crimes, the general injury, the person with special sentencing (the serious injury), the decision on the recommended area, the scope of the recommended sentence (one to six months), the execution period of execution of sentence of this case can not be considered where there are too positive positive positive results (i).

3. As the defendant's appeal has merit, the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 257(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.

arrow