(영문) 창원지방법원 2015.09.17 2015노1259 | 리걸엔진

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(영문) 창원지방법원 2015.09.17 2015노1259

상해등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is inappropriate in light of the following circumstances: (a) the defendant committed the crime of this case without any particular reason; (b) the victim E with injury requiring a two-time medical treatment; (c) the victim L by traffic accident; (d) the victim M by causing an injury requiring a two-day medical treatment; and (e) the victim M by failing to take relief measures; and (c) the defendant exercised the above violence during the period of suspension of execution due to violent crimes; and (d) the defendant exercised the violence as above; (c) it is recognized that the defendant can take into account the violence of the defendant during the crime of this case; (d) it is against the defendant's wrong act; (e) the defendant committed the crime of this case by mutual consent with the victim E; (e) there are other circumstances to take into account the economic aspects of the defendant; and (e) the defendant's age, environment, character and behavior; and (e) the motive and circumstances before and after the crime of this case.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of 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. Article 257 (1) of the Criminal Act (the point of injury), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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