(영문) 제주지방법원 2014.04.10 2013노399 | 리걸엔진

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(영문) 제주지방법원 2014.04.10 2013노399

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. According to the records of the judgment on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on August 20, 2013, but did not submit the appellate brief within the lawful period for submission of the notification of the receipt of the trial record on September 11, 2013, even when the Defendant received the notification of the receipt of the trial record from the said court, and the petition of appeal does not contain any grounds for ex officio examination in the records.

2. Judgment on the prosecutor's appeal

A. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

B. The judgment of the court below is recognized that the defendant recognized the crime of this case, thereby against his mistake, the injury suffered by the victim is relatively minor, and the defendant deposited one million won for the victim in the trial, but the defendant committed the crime of this case during the repeated crime period even after the execution of the above punishment was completed on October 6, 201 by this court on Jan. 10, 2007, after being sentenced to five years of imprisonment for the crime of violation of the Juvenile Protection Act (Juvenile Rape, etc.). The crime of this case was committed by the court below in view of the following circumstances: the defendant was born on the new wall to the new wall to the extent that the victim was killed in the defendant's vehicle, and the victim did not hear the victim's horse, and the victim did not have a view to the victim's attempt to commit the crime in this case; in light of the detailed circumstances of the crime or method of the crime; the defendant's fear and behavior at the time of the occurrence of the victim; the defendant's fear and fear of the crime of this case are unreasonable;

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 shall be made again as follows.

참조조문

-형사소송법 제364조 제6항

유사 판례

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