(영문) 울산지방법원 2015.09.11 2015노715 | 리걸엔진

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(영문) 울산지방법원 2015.09.11 2015노715

폭력행위등처벌에관한법률위반(공동상해)

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The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for four months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of Defendant A’s instant case, the sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. In light of the overall circumstances of the case at issue by the prosecutor, each sentence imposed by the court below on the Defendants (for four months of imprisonment, four months of suspended sentence, two years of suspended sentence, and 120 hours of community service order) is deemed to be too uneasy and unreasonable.

2. (1) We examine the grounds for appeal by Defendant A and the Prosecutor against Defendant A.

Defendant

A, first of all, when committing the instant crime, was the origin of the instant crime, did not reach an agreement with the victim up to the trial, and the injury suffered by the victim was serious, etc. are disadvantageous to the said Defendant.

However, there are some circumstances that may be taken into account the motive of the crime of this case, such as inducing a criminal act by committing an act, such as harming the defendant's will and assaulting the defendant's will, which leads to the crime of this case. Accordingly, the defendant's deposit of KRW 3 million for the victim during the trial, there is no criminal history of criminal punishment against the defendant, and the defendant is waiting for military intervention, etc. are favorable to the above defendant.

In full view of the circumstances favorable to the above unfavorable circumstances, as well as the age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and other circumstances that are the conditions for the instant sentencing as shown in the process of trial, the lower court’s sentence is somewhat unreasonable, and thus, the Defendant A’s above assertion has merit, and the Prosecutor’s assertion has no merit.

(2) As to Defendant B, and C, Defendant B and C did not leave the victim’s face even though Defendant A showed the victim’s face.

유사 판례

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-부산지방법원 2016.09.02 2016노2265

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