(영문) 서울동부지방법원 2013.12.27 2013노1258

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2013.12.27 2013노1258

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (three years of suspended execution in one year and six months of imprisonment, and eight hours of community service order) is too unreasonable.

2. The judgment of the court below is unfair in light of the following circumstances: (a) the defendant had a history of being sentenced to the suspension of indictment for the same type of suspected crime even before the instant case; (b) the defendant who takes a bath as a damaged parking lot was partly driving away from the victim and then was at the hack pipe price; (c) the defendant's mistake is recognized; (d) the defendant is a criminal act under the influence of hacking; (e) the degree of assault and bodily injury is not very heavy; (e) the defendant has no criminal history beyond a fine; and there is no history of criminal punishment for the same type of crime in this case; (e) there is no history of criminal punishment for the same type of crime in this case; (g) the motive and circumstance leading up to the instant crime; (e) the motive and circumstance leading up to the instant crime; and (g) the means and consequence leading up to the crime; and (e) the circumstances before and after the commission of the crime; (e) the defendant's age, character, environment, occupation, family relationship, etc.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by the court are as stated in each corresponding column of the judgment below, except where the court decides that "at the time of taking ice ice 4," as stated in the facts constituting an offense in the judgment of the court below, "at the time of taking ice 4," and thus, they are cited as it is in accordance with Article 369

Application of Statutes

1. Article 3 of the Punishment of Violences, etc. Act concerning a crime;

참조조문

-폭력행위 등 처벌에 관한 법률 제3조

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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