(영문) 창원지방법원 2016.12.22 2016노2779 | 리걸엔진

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(영문) 창원지방법원 2016.12.22 2016노2779

상해

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The crime of this case committed by the defendant without any special reason is committed by assaulting the victim, who is the market merchant of the same market, and the nature of the crime is not good. The defendant committed the crime of this case again even though there are many records of punishment for the crime accompanied by violence, such as assault, bodily injury, damage to property, etc., which is disadvantageous to the defendant.

However, when considering various circumstances, such as the defendant's age, character and conduct, background and result of the crime, etc., the victim's injury is relatively relatively relatively less vulnerable to the victim's punishment due to the fact that the victim does not want to be punished by mutual agreement with the victim in the trial, the defendant maintains a smooth relationship with the market merchants and neighboring residents, and the defendant seems to have committed the crime of this case by contingency due to the problems of the psychotropic mental disease, it is necessary to have the defendant receive medical treatment by experts, and other circumstances, such as the defendant's age, character and behavior, environment, circumstance and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, the court below's punishment is too unreasonable.

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

Criminal facts

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

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act:

참조조문

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