logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.07.17 2015노590
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendant with three weeks prior to the victims and two weeks of injury respectively, and that the quality of the crime was not weak, that the Defendant had been punished several times due to violent crimes, and that the Defendant committed the crime of this case even during the period of repeated crimes due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, even though he/she had committed the crime of this case, it is necessary to strictly punish the Defendant.

However, the court below's punishment is somewhat unreasonable in light of the above circumstances and all other sentencing conditions stated in the arguments of this case, including the defendant's age, character and conduct, family environment, etc., as well as the fact that the defendant led to an agreement with all victims by the defendant's confession of the crime of this case and his mistake in the judgment of the court below, and that the defendant reached an agreement with the victim F.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

arrow