(영문) 대전지방법원 2015.04.30 2014노3877 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.04.30 2014노3877

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment below

The guilty part against the defendant shall be reversed.

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

seizure.

Reasons

1. The lower court dismissed the prosecution on each of the charges of assault against the Defendant, and convicted the remainder of the charges, and only the Defendant appealed on the ground of unreasonable sentencing as to the guilty part of the lower judgment.

Therefore, since the court below's dismissal decision against the defendant is separated and confirmed as it is, the dismissal of public prosecution is excluded from the scope of this court's adjudication.

Ultimately, among the judgment of the court below, only the guilty portion of the defendant belongs to the scope of this court's trial.

2. The summary of the grounds for appeal (unfair punishment) of the original judgment (two years and six months of imprisonment) is too unreasonable.

3. In light of the following: (a) the Defendant’s failure to commit a crime of intimidation, violence, or intimidation over several occasions; (b) the Defendant was punished on two occasions due to a violent crime; (c) the Defendant caused a traffic accident; (d) the Defendant was injured by the victim H, J, and L; and (e) the Defendant escaped without taking necessary measures to destroy vehicles; and (e) the Defendant committed the crime of aiding and abetting the victim Q, it is necessary to strictly punish the Defendant.

However, in full view of all the sentencing conditions, including Defendant’s age, character and conduct, environment, motive, means and consequence, and circumstances after the crime, the sentence of the court below is too unreasonable. It is recognized that the sentence of the court below is too unreasonable, in light of the following: (a) the Defendant has no record of being sentenced to punishment until now; (b) the Defendant has agreed smoothly with the victims; (c) Q2 desires the Defendant’s preference; (d) the vehicle driving is covered by comprehensive insurance; and (e) the vehicle driving the Defendant is covered by comprehensive insurance.

4. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit, and the following is ruled again after pleading.

Criminal facts

Criminal facts recognized by this Court shall be the fifth fourteenth day of the original judgment.

참조조문

-형사소송법 제364조 제6항

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