(영문) 의정부지방법원 2015.03.18 2015노44

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(영문) 의정부지방법원 2015.03.18 2015노44

상해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is committed in the course of voluntary operation as a result of the Defendant’s assault and insult, which led to the Defendant’s assault and insult, and is not good in light of the details and form of the crime; the degree of injury confirmed by the victim’s photograph and treatment, etc., although the victim did not submit a medical certificate stating the number of diagnosis orders; however, the degree of injury confirmed by the victim’s photograph and treatment, etc. is not less than that of the victim; the Defendant was punished several times for the same kind of crime; in particular, the Defendant committed the crime of this case again during the suspended execution period due to the same kind of crime.

However, in full view of all the sentencing conditions, including the fact that the defendant seems to have committed a contingent crime while under the influence of alcohol, the victim is not subject to punishment for the defendant, the defendant's being detained for more than three months, the defendant's environment, motive and consequence of the crime, and the circumstances after the crime, etc., it is deemed that the punishment of the court below is too 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 is with merit.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

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