(영문) 창원지방법원 2015.08.13 2015노199 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.08.13 2015노199

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

No. 1 of the seized evidence shall be charged to the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. The judgment of the court below is acknowledged that the defendant committed the crime of this case in the same criminal record due to narcotics, violence, and traffic crime and committed the crime of this case during the suspension of the execution period. In particular, it is deemed that the defendant committed the crime of this case by carrying a deadly weapon and causing a traffic accident due to the negligence of driving the central line. However, it is recognized that the defendant led to a confession of the crime of this case, and there was an agreement with the victim of the traffic accident, and that there was an agreement with the victim of the damage by carrying a deadly weapon, and that prior to the crime of bodily injury by carrying a deadly weapon, the defendant committed the crime of this case by misunderstanding that the defendant provided his residence to the victim who is south, and sought a workplace, and that there was a good relationship with the victim. The crime of the injury by carrying a deadly weapon is not deemed to have been committed with the victim at the end of the knife, and that the damage caused by the traffic accident is not more than two weeks, the damage of the defendant was also excessive before and after the crime of this case's age.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

-광주지방법원 2013.11.27 2013노2144

-광주지방법원 2013.09.25 2013노1480

-광주지방법원 2013.11.20 2013노2038

-광주지방법원 2013.11.27 2013노2113

-광주지방법원 2013.06.12 2013노811