(영문) 춘천지방법원 강릉지원 2015.09.03 2015노276

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(영문) 춘천지방법원 강릉지원 2015.09.03 2015노276

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment below

Part concerning the second offense in the judgment shall be reversed.

A fine of 5,000 on the second offense against the defendant's judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (the 2-year imprisonment, the 3-year suspended sentence, and the 2-year fine: the 8 million won fine) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. As to the crime No. 1 in the holding of the court below, the fact that the defendant confessions and objects to the crime No. 1 in the holding of the court below, that the victim B does not want the punishment of the defendant, and that the punishment should be determined in consideration of equity with the case of a violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) which has become final and conclusive in the case

On the other hand, the fact that the defendant has been punished several times for the same crime, in particular, that the same victim committed the first crime in the previous ruling while being tried several times, and that the degree of injury suffered by the victim B is not less complicated than that of the crime in this case is unfavorable to the defendant.

In addition, comprehensively taking account of the motive, circumstance, means and consequence of the instant crime, relationship between the Defendant and the victim B, Defendant’s age, character and conduct, environment, criminal records, and other records and arguments, the sentence imposed by the lower court is too heavy, or it cannot be deemed that it is too unreasonable to deem that the sentence imposed by the Defendant is too excessive.

The defendant and prosecutor's above arguments are without merit.

B. As to the crime No. 2 of the holding of the court below, the Defendant committed the instant crime with the minor motive that the victim H acted without any mistake to the Defendant, and the Defendant committed the instant crime during the period of suspension of execution, while having the record of having been punished several times for the same kind of crime, which is disadvantageous to the Defendant.

However, the fact that the defendant led to the confession and reflect of the crime of this case, the fact that the defendant agreed with the victim H has reached the trial, and the motive and consequence of the crime of this case.

참조조문

-폭력행위 등 처벌에 관한 법률

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