(영문) 수원지방법원 2018.05.31 2017노8257 | 리걸엔진

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(영문) 수원지방법원 2018.05.31 2017노8257

상해

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The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

Reasons

1. The summary of the grounds for appeal is unreasonable, because the sentence imposed by the lower court on the Defendants (a fine of KRW 3 million, and a fine of KRW 500,000) is too uneased.

2. All the Defendants have shown an attitude against the Defendants to recognize the crimes, and Defendant B is the first offender, and the fact that the Defendants did not reach criminal punishment by recognizing the fact in the course of the investigation is favorable to the Defendants.

However, Defendant A had the record of having been punished several times for the same violent crime, and Defendant A committed the instant bodily injury against the victims without being aware of the fact that Defendant A committed a repeated crime even during the period of repeated crime, and Defendant A agreed with the victims and the investigative agency, but the victim F would receive the agreement at the lower court.

Although medical expenses have not been compensated up until now, Defendant A is suffering from severe punishment. Defendant B’sless crime is a sex offense in which investigation is conducted in accordance with the victim’s statement, and the risk of causing damage to a third party is higher than the risk of causing damage to a third party. As such, in full view of the fact that a punishment corresponding to the liability for the crime is required, and other various circumstances, such as the Defendants’ age, sex, conduct, environment, degree of damage, motive, means and consequence of the crime, etc., the sentencing of the lower court is recognized as unfair because it is somewhat unfasible and unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the prosecutor's appeal against the Defendants is with merit, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1..

유사 판례

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