(영문) 광주지방법원 2017.05.18 2016노2147 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.05.18 2016노2147

상해등

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

, however, from the date this judgment becomes final and conclusive.

Reasons

1. The Defendants appealed to the gist of the grounds for appeal that it is unfair for the lower court to impose an punishment (one year and six months of imprisonment, two years of probation, observation of protection, community service, 240 hours, 80 hours violent therapy lectures, 80 hours alcohol therapy lectures) on the part of the Defendants. The Prosecutor appealed that the lower court’s punishment is too uneasible and unfair.

2. Each of the instant crimes committed on the market is that the Defendants assaulted police officers who were dispatched to the Defendants after receiving a report on their breath while under the influence of alcohol, and the Defendant A inflicted an injury on the Defendant B who was drinking together, and the nature of the crime is poor. Defendant A was punished on 26 occasions including 14 times violent crimes (three times of suspended execution), and Defendant B was punished on 12 occasions including 7 times violent crimes (two times of suspended execution during the period of suspended execution), and the risk of recidivism is high.

There are unfavorable circumstances such as the visible point.

However, considering the above disadvantageous circumstances, even if considering the above unfavorable circumstances, the court below's punishment against the defendants is too unfair because it is too unreasonable for them to have committed each of the crimes of this case. The part of the crime of injury by the defendant Gap does not want punishment. The defendant Gap deposited 300,000 won against the police officers who suffered damage to the crime of interference with the performance of official duties. The defendants deposited 300,000 won against the police officers of the victim of the crime of interference with the performance of official duties.

The grounds for appeal by the Defendants are with merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading, on the grounds that the defendants' unfair appeal for sentencing is justified.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

유사 판례

-수원지방법원 2016.06.02 2016노87

-대구고등법원 2017.06.22 2017노95

-의정부지방법원 2016.07.22 2016노776

-춘천지방법원 2016.01.27 2015노1178

-인천지방법원 2017.07.20 2017노704