(영문) 전주지방법원 2016.01.15 2015노1306 | 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) 전주지방법원 2016.01.15 2015노1306

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

, however, from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment) by the court below is too unfortunate and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case was committed by the Defendants while the Defendants passed the way, and committed violence against the victim F while the Defendants were fluencing with the victim F, and the victim G, who was the flusor of the above victim G, was fluoring out of the victim G, and the Defendants walked with the victim G, thereby causing injury to the victim G, such as 120-day traumas, which the Defendants walked to the victim G, thereby causing about 120 days of external injury to the victim G, and thereby resulting in the damage to the victim’s permanent injury. In light of the above, the nature of the crime was very heavy in light of the law, content, and result, and the damage was not recovered by the victim G, the Defendants need to be punished strictly.

However, in light of the above circumstances and all of the sentencing conditions specified in the arguments of this case, such as the Defendants’ confession and mistake, the Defendants agreed with the victim F, and deposited KRW 40 million in the court below for the victim G, and the Defendants made efforts to recover from damage by depositing KRW 20 million in the court below for the victim G, and the Defendants did not have any record of criminal punishment. Thus, in consideration of all of the sentencing conditions specified in the arguments of this case, the punishment imposed by the court below is somewhat unreasonable.

Therefore, the defendants' improper assertion of sentencing is justified, and the prosecutor's improper assertion of sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the evidence thereof.

유사 판례

-대구지방법원 포항지원 2019.08.14 2019고단364

-창원지방법원 2018.12.13 2018노2070

-전주지방법원 2015.11.06 2015노1062

-전주지방법원 군산지원 2015.09.04 2015고단15

-인천지방법원 2016.06.15 2016노243