logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.08.26 2016노4155
특수상해등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: imprisonment of eight months, Defendant B: imprisonment of six months, suspension of execution of two years, and community service order of 40 hours) of the lower court is too unhued and unreasonable.

2. The Defendant had a criminal record of violence against Defendant A, and the instant crime is an unfavorable element for sentencing, such as: (a) the Defendant inflicted a bodily injury on the victim of a special injury due to the fact that the Defendant was a dangerous object; (b) obstructed the business of the victim; and (c) obstructed the performance of official duties by assaulting the police officer to restrain him/her; and (d) the fact that the nature of the crime is inferior.

However, considering various sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the sentence of the lower court is too unreasonable, in light of the following: (a) the Defendant did not have any criminal record exceeding the fine; (b) the Defendant agreed with the victim of special injury; (c) the Defendant agreed with the victim of the special injury; (d) the police officer who interfered with the performance of official duties agreed with the victim in the trial; and (e) the police officer expressed his intention not to punish in the trial; and (e) the recognition of and

3. The Defendant had a criminal record of violence against the Defendant, and the crime of this case was committed by the Defendant, which prevents the Defendant from performing official duties by assaulting the victims, interfering with their duties, and prevents the police officer from doing so, which is disadvantageous to the nature of the crime, and the fact that the Defendant did not receive a letter from the victims.

However, considering various sentencing conditions, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, including the fact that the Defendant did not have any criminal record exceeding the fine, the recognition of and reflects on the instant crime, and the degree of participation in the instant crime, the sentence imposed by the lower court is too uneasible and unreasonable.

arrow