(영문) 대구지방법원 2018.01.12 2017노4286 | 리걸엔진

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(영문) 대구지방법원 2018.01.12 2017노4286

상해등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is committed with the following circumstances: (a) the Defendant committed an act of violence and bodily injury against the victim with no discrimination between persons; (b) the Defendant received access media from those persons with knowledge that it would be used for the crime of Bosing; and (c) transferred it in return for the payment to the Organization of Washington; and (d) the Defendant arbitrarily withdrawn and used the access media; (b) the nature of the crime is very poor; (c) the injury suffered by the victim of the crime of inflicting bodily injury is very serious; (d) the victims of the crime of embezzlement were not injured; (e) there were considerable victims of the crime of embezzlement; and (e) the victims of the crime of embezzlement were punished several times with the same criminal history or juvenile protective disposition was taken several times with the same criminal history; and (e) the crime of this case was committed again without the attitude of reflectivity.

However, the court below deposited KRW 5 million in order to recover the damage of the victim D of the crime of injury and assault in the crime of this case. The victim X, Z and the original agreement that the above victims do not want the punishment of the defendant, the victim Y and the original agreement that the victim Y of the crime of embezzlement did not want the punishment of the defendant, and the above victim does not want the punishment of the defendant in the first instance, and the defendant did not have any criminal history exceeding the fine.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. of this case and all of the sentencing conditions shown in the theory of changes, the punishment sentenced by the court below is somewhat inappropriate.

3. Accordingly, 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 reasonable, and the judgment below is reversed and it is again decided as follows.

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