(영문) 부산지방법원 2013.09.06 2013노2225 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2013.09.06 2013노2225

폭행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the original court (eight months of imprisonment) shall be too unreasonable, because of the gist of the grounds for appeal.

2. The crime of this case is acknowledged that the crime of this case was committed repeatedly against female victims, interference with the restaurant business with the victim, etc. The defendant is not easy to commit the crime of this case. On July 21, 2003, the defendant was punished by a fine of KRW 500,000 due to the violation of the Punishment of Violences, etc. Act in the Jinwon District Court Jinwon District Court on July 21, 2003; on March 16, 2004, a fine of KRW 300,000; on October 14, 2011, the fine of KRW 500,000 as the crime of interference with business from the Busan District Court's Dong Branch Branch on October 24, 201; the fine of KRW 300,000 as the crime of assault; the same court on December 30, 201, which was sentenced by the crime of interference with business and the crime of assault, etc.

However, considering the following: (a) the Defendant’s act of committing the instant crime is deemed to have aggravated appraisal due to his failure to conduct a restaurant business with the victim’s restaurant business; and (b) the circumstances leading up to the aggravation of appraisal; (c) the Defendant agreed with the victim for the first time in the trial; (d) the Defendant recognized all the instant crime; (e) the Defendant’s health is not good; and (e) the Defendant’s age, environment, family relationship, occupation, etc., the sentence of the lower court sentenced to the Defendant is heavy.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized 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. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

-인천지방법원 부천지원 2015.02.26 2014고단2915

-수원지방법원 2013.05.28 2012고단4124

-의정부지방법원 2014.09.25 2014노470

-서울동부지방법원 2013.08.09 2013고단1113

-서울중앙지방법원 2014.04.02 2013고단8171