(영문) 인천지방법원 2018.01.11 2017노2437 | 리걸엔진

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(영문) 인천지방법원 2018.01.11 2017노2437

폭력행위등처벌에관한법률위반(공동상해)

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The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,500,000.

The above fines are imposed by the Defendants.

Reasons

1. The summary of the grounds for appeal (unfair sentencing each of the sentencings) by the court below is too unreasonable.

2. The Defendants asserted that the crime of this case was committed by the Defendants, while driving a vehicle with a warning and driving the vehicle, and the victims and the victims who died from the vehicle were injured by the victims without permission, and that the Defendants suffered violence from the victims during the process of responding to the victims, and that this case was not committed in the course of responding thereto, and that the Defendants did not first use the assault against the victims, as stated in the facts charged.

However, in light of the statements of the victims and CCTV images taken at the time of the instant case, it does not appear that the victims were unclaimed, and rather, on the part of the Defendants after stopping a vehicle and then leaving the vehicle, it is confirmed that Defendant A would have injured the victims, as stated in the facts charged, if the Defendants waited for the victims by driving the vehicle, and if Defendant A would be harming the victims, it is recognized that the Defendants suffered injury as stated in the facts charged.

It is recognized that the crime is not good in light of the background and contents of the crime, and that the victims' degree of damage is not less severe, and that they did not receive a letter from the victims until the case is in the first instance.

However, in full view of the following circumstances: (a) the Defendants are recognized as committing the instant crime; (b) there is no means to impose any criminal punishment against the Defendants; (c) the Defendants made efforts to recover partial damage, such as paying indemnity equivalent to KRW 1.480,00 to the National Health Insurance Corporation, which exercises the right to demand reimbursement regarding the victim D medical expenses; and (d) the Defendants’ age, sexual conduct, motive, means and consequence of the instant crime; and (e) the motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime; and (e) the sentence of the lower court is somewhat unreasonable.

3. Conclusion.

유사 판례

-대구지방법원 2016.11.23 2015노4441

-수원지방법원 2017.11.24 2016노6774

-광주고등법원 (전주) 2013.01.29 2012노307

-의정부지방법원 2017.05.11 2015고정1605

-울산지방법원 2016.04.29 2016노331