logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.02.06 2013노4028
상해
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is somewhat inappropriate in light of the following circumstances: (a) the defendant was punished several times for the crime of the same kind of violent crime; and (b) the fact that the defendant and the victim committed the crime of the instant case again during the period of repeated crime; (c) however, when examining the circumstances of the instant case, the degree of damage is not much excessive; (d) the defendant agreed that the defendant would be able to commit the crime of the instant case with the victim, and that the defendant would not repeat the crime by taking into account the fact that the defendant had a physical and visual disorder due to the aftermath of the traffic accident that occurred in several years; and (e) the defendant had a physical and visual disorder due to the aftermath of the traffic accident that occurred in several years, and other conditions of sentencing specified in the records, such as the defendant's age, environment, and family relationship

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 facts and evidence recognized 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. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

arrow