(영문) 대전지방법원 2015.09.15 2015노2452 | 리걸엔진

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(영문) 대전지방법원 2015.09.15 2015노2452

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The sentencing of the court below (4 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the fact that the crime of this case was committed jointly with C by the Defendant, and thus, it is not good for the Defendant to commit a crime, and that the Defendant was subject to the previous punishment and sentence, and that the degree of injury inflicted on the victim was significant, it cannot be held that the Defendant is strictly responsible for the crime.

B. Meanwhile, there are extenuating circumstances, such as the following: (a) the Defendant was not sentenced to imprisonment since 1989; (b) the Defendant has led to the confession of the crime and his mistake; and (c) C, an accomplice, made a certain degree of recovery from damage by mutual agreement with the victim; and (d) the victim was under the influence of alcohol at a meeting of the club and prevented the Defendant from committing this case in the course of preventing the Defendant from committing this.

In addition, the sentence of the lower court is too unreasonable in light of all the sentencing conditions shown in the instant pleadings, such as the Defendant’s age, living environment, details and result of the crime, and circumstances after the crime.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Selection of Punishment of Violences, etc., and Article 257 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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