(영문) 춘천지방법원 강릉지원 2015.01.27 2014노553

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글꼴

크기(pt)

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자간(%)

(영문) 춘천지방법원 강릉지원 2015.01.27 2014노553

상해등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of KRW 1,000,000.

Defendant .

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment with prison labor for 10 months, and the fine of 2 million won) is too unreasonable.

2. Determination

A. The circumstances favorable to the Defendant include: (a) Defendant A led to the confession and reflect of the crime; (b) suffering from girrosis; and (c) suffering from mental disorder 3; and (d) having no criminal record of imprisonment or any heavier punishment.

However, the circumstances are that the defendant committed violence and intimidation several times against the victims who are aged and have not good health conditions, and threatened the victims who reported him/her again, and the victims seem to have suffered considerable pain, and the victims did not make any effort to recover damage.

In addition to the above various circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, as well as the circumstances after the crime.

B. In light of the fact that Defendant B was punished several times for the same kind of crime, the Defendant damaged the official documents by tearing the certificate that the police officer saw, and there is a need to establish the state’s legal order and eradicate the light of public authority, the liability for the crime is not somewhat weak.

However, the fact that the defendant led to the confession of and reflect against the crime, and the victim suffered unfair violence, and the crime of injury was committed in response to the crime. In such a situation, there are circumstances that can be considered in the circumstance, the degree of injury is relatively minor, the fact that the degree of injury is in physical disability 3, and the economic form is difficult, etc. that are favorable to the defendant.

Considering the above various circumstances, taking into account the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the crime, and the circumstances after the crime, the various sentencing conditions indicated in the instant case are considered.

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