(영문) 전주지방법원 2019.01.17 2018노1652 | 리걸엔진

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(영문) 전주지방법원 2019.01.17 2018노1652

상해

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of the grounds for appeal - Unreasonable sentencing - The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance against the defendant, such as: (a) the crime of this case was committed with the victim who was aware of a usual dispute with the victim; (b) the victim did not have a part of his face; and (c) the victim did not have a part of his face; and (d) another part of the victim's face; (b) the victim took part in his face in the same manner and took part in the victim's face; (c) the crime of this case was bad; (d) the degree of the victim's bodily injury was not weak; (d) the defendant showed an attitude of denying and not against the victim; (e) the defendant took part in the court; and (e) the defendant was present in the court; and (e) the defendant had a record of criminal punishment several times due to the

On the other hand, the fact that the defendant was found to have committed the crime of this case when it comes to the late trial, that the victim was not punished by the defendant, that the victim was not punished by the defendant, that there was no criminal conviction by the defendant, that the defendant was last in 1999, that is, the defendant's health is not good, that the defendant committed the crime of this case, that one month has passed by the period of detention, and that the defendant is divided into, and reflected against, the defendant.

In full view of the various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, and circumstances leading to the Defendant’s crime, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Reason of the judgment of the court below】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence are all of the judgment of the court below.

참조조문

-형사소송법 제364조 제6항

유사 판례

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-인천지방법원 2016.10.28 2015고단2449