(영문) 광주지방법원 2017.12.13 2017노242 | 리걸엔진

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(영문) 광주지방법원 2017.12.13 2017노242

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 1,500,000 won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. The lower court’s sentencing against Defendant A of the Prosecutor is too uncomfortable.

2. Determination

A. Considering the fact that Defendant B’s crime of this case is not good and that Defendant B did not agree with the victim, strict punishment on Defendant B is necessary.

However, considering the following factors: (a) Defendant B’s mistake is divided; (b) the degree of participation in Defendant B’s crime is not heavy; (c) Defendant B did not have any criminal record other than Defendant B’s protective disposition; and (d) Defendant B’s age, sexual conduct and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, Defendant B’s above assertion is reasonable.

B. Considering that the nature of the crime of this case committed by Defendant A is not good and that Defendant A did not agree with the victims, strict punishment against Defendant A is necessary.

However, considering the following factors: (a) Defendant A’s mistake is divided; (b) Defendant A does not have any criminal record other than Defendant A’s protective disposition; and (c) Defendant A’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the instant argument, such as the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. As such, Defendant B’s appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows. Since the prosecutor’s appeal is without merit, it shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by this Court (Defendant B) is the same as the relevant column of the judgment below.

유사 판례

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