(영문) 인천지방법원 2017.06.16 2016노5354 | 리걸엔진

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(영문) 인천지방법원 2017.06.16 2016노5354

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The defendant above.

Reasons

1. The sentence of the lower court (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) against the Defendant on the summary of the grounds of appeal is too unreasonable.

Defendant 2017

1. 23. The reasons for appeal were stated on the grounds of mistake of facts, misunderstanding of legal principles, and misunderstanding of sentencing on the grounds of appeal, and the first trial date at the trial court at the trial court at the same time. However, the second trial court at the trial court at the trial court at the trial court at the trial court at the same time withdrawn the assertion of

2. The circumstances and methods of the instant crime and the result thereof are not good in view of the fact that the Defendant provided the cause of dispute with the victim and promoted the instant crime, and the degree of injury inflicted on the victim, etc., and thus, the Defendant should be punished corresponding thereto.

However, in light of the following factors: (a) the Defendant has been recognized as committing the instant crime when the Defendant was in the trial; (b) the instant crime was committed while the Defendant and the Victim were in dispute; (c) the injury of the victim was caused by violence; (d) the Defendant took part of the patient’s hospital expenses; (e) the Defendant took part of the victim’s hospital expenses; and (e) the Defendant agreed to pay the victim an agreed amount; (c) the Defendant has no record of committing the instant crime; and (d) the Defendant has no record of committing any other crime; and (e) the Defendant’s age, occupation, environment, sex, family relationship, and circumstances before and after the instant crime was committed, the lower court’s punishment against the Defendant is unreasonable, and thus, the Defendant’s wrongful assertion of sentencing is justified

3. If so, the defendant's appeal is with merit. Accordingly, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment of the court below against the defendant is reversed, and it is decided again as follows after pleading.

【The part of the judgment used again against the defendant】 The criminal facts against the defendant recognized by this court are recorded in the corresponding column of the judgment of the court below.

유사 판례

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