logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.04.02 2017노3685
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment of one year and two months and a fine of 300,000 won) is too unreasonable.

2. In the event that each of the crimes of this case by the accused is considered to be of heavy nature in light of the degree of the assault, method of the crime, etc., and the fact that the victim E and theJ did not receive a letter of suspicion, a sentence of sentence on the accused is inevitable

However, it can be expected that the defendant has recognized all of the crimes of this case and is in close reflect to their depth, and that the possibility of improvement and edification can be expected as a juvenile at the time of each crime of this case.

Considering the favorable circumstances such as the fact that there is no record of criminal punishment more than 10 times of juvenile protective disposition, detention for not less than six months, and the time of reflectiveness, and all other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the punishment sentenced by the court below is unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, thereby admitting them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2)3 of the relevant Act on the Punishment of Violences, etc. for Criminal Facts, Article 2(2)3 of the Criminal Act, Article 257(1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Article 15(1) and Article 9 subparag. 1 of the Fair Debt Collection Act (the point of assault related to the collection of claims, the choice of imprisonment), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act (the point of joint intimidation, the choice of imprisonment), Articles 154 subparag. 2 and 43 of the Road Traffic Act.

arrow