(영문) 서울동부지방법원 2017.06.23 2016노484

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(영문) 서울동부지방법원 2017.06.23 2016노484

상해

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of a fine of KRW 10 million imposed by the lower court against the Defendant is too uneasible.

2. The instant case pertains to a case in which the Defendant inflicted injury on the Victim F, such as the victim F’s non-defluence of the number of days of treatment, the floor end-up.

The fact that the defendant is led to confession and reflect, and that the victim paid 14 million won to the victim, and that the injured person does not want the punishment of the defendant is a favorable condition for the defendant.

However, in full view of all the circumstances, such as the background and nature of the instant crime, the Defendant’s age, career, sexual conduct, and circumstances after the crime committed on July 13, 2012, where the Defendant had been punished several occasions as violent crimes, and the Defendant was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (Formation of Organization, etc.) at the Seoul Central District Court on December 26, 2012, and the execution of the sentence was completed on December 26, 2012, and the Defendant committed the instant crime again during the repeated crime period, and the degree of injury to the victim is not less severe, the lower court’s punishment seems to be unfair as it is too uneasible.

Therefore, the prosecutor's improper argument of sentencing is justified.

3. In conclusion, the prosecutor'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 it is again decided as follows after pleading.

[Grounds for the lower court’s judgment] The summary of criminal facts and evidence against the Defendant recognized by the lower court was sentenced to imprisonment with labor for one year for a violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.) at the Seoul Central District Court on July 13, 2012, and the execution of the sentence was terminated on December 26, 2012.

“1. Judgment” in the summary of the evidence.

참조조문

-폭력행위 등 처벌에 관한 법률

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