(영문) 의정부지방법원 2015.12.22 2015노2012

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(영문) 의정부지방법원 2015.12.22 2015노2012

중과실치상

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (10 months) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant: (a) pushed a wheeler over the road to prevent the victim from driving the wheeler; and (b) without confirming whether the victim can safely drive the wheeler, and (c) caused the victim to suffer bodily injury, such as a mouth after the wheeling of the wheeler. The Defendant’s negligence is very serious; (d) the degree of the Defendant’s negligence is serious; and (e) the Defendant did not agree with the victim; and (e) failed to reach an agreement with the victim; and (e) sought a strict punishment for the Defendant at the victim’s side, which is disadvantageous to the Defendant.

B. Meanwhile, in full view of the following circumstances: (a) the Defendant was aged 86 years old and is against the time of committing the instant crime; (b) physical and mentally unreasonable in dealing with the Defendant’s imprisonment without prison labor; (c) the lower court deposited KRW 6 million for the victim; and (d) additionally deposited KRW 14 million in the first instance court; and (c) the Defendant did not have any significant criminal power except for the punishment of a fine due to the crime of de factoization in 1972; and (d) other circumstances that are conditions for sentencing as indicated in the instant records and arguments, such as the Defendant’s character and behavior, environment, and the content of the instant crime, etc., it is deemed that the sentence imposed by the lower court is too unreasonable.

C. Therefore, the above argument of the defendant is with merit, and the prosecutor's above argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(A) Although the appeal by the prosecutor is groundless, the appeal by the prosecutor shall not be dismissed separately from the disposition of the court below, unless the appeal by the defendant is accepted and reversed.)

참조조문

-형사소송법 제364조 제6항

유사 판례

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