(영문) 전주지방법원 2015.02.13 2015노19 | 리걸엔진

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(영문) 전주지방법원 2015.02.13 2015노19

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The judgment of this case is based on the following facts: (a) the Defendant was aware of the fact that the Defendant reported the Defendant in the previous case to another person; (b) the victim was assaulted by drinking and drinking, and the nature of the crime is not good; (c) the injury suffered by the victim is not less severe; (d) the victim was not able to take care of and take a bath for the victim immediately after the crime of this case; and (e) the Defendant was punished for the same crime several times; (c) the Defendant was punished strictly; (d) however, the Defendant recognized the Defendant as committing a crime; (e) the Defendant was living in custody for more than three months; (e) the Defendant did not want to be punished against the Defendant; and (e) the Defendant did not have been sentenced to imprisonment without prison labor or heavier punishment for the last twenty years; and (e) other various circumstances, including the Defendant’s age, character and behavior, environment, family relationship, and the circumstances after committing the crime, etc., the lower court’s judgment is somewhat inappropriate and thus its assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment 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 62 (1) of the Criminal Act of the suspended execution ( Taking into account the favorable circumstances among the reasons for reversal in the preceding sentence);

1. Probation and community service order under Article 62-2 of the Criminal Act;

참조조문

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