(영문) 부산지방법원 2017.10.12 2017노1698 | 리걸엔진

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Reasons

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(영문) 부산지방법원 2017.10.12 2017노1698

폭행

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for four months.

Defendant of the Prosecutor.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The sentence (for the Defendants: KRW 3 million each of the fines) declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. According to the health records with respect to Defendant A ex officio, Defendant A was sentenced to ten months of imprisonment on August 12, 2016 for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on the Punishment of Violences, etc., and the judgment became final and conclusive on June 7, 2017. The crime of assault and the crime of violation of the Punishment of Violences, etc. Act (joint injury) against the Defendant, which became final and conclusive on June 7, 2017, in relation to concurrent crimes under Article 37 of the Criminal Act and the crime of violation of the Punishment of Violences, etc. (joint injury) of which judgment has become final and conclusive, shall be sentenced in consideration of equity with the case where judgment is to be rendered simultaneously

B. It is unfavorable that Defendant C was subject to multiple juvenile protective disposition and a fine of four times for the same crime, and that Defendant C did not make any particular effort to recover damage to the victim.

However, in full view of the fact that the defendant's mistake and reflects, and that the defendant's crime was committed in excess of the victim and on the part of the victim, and the degree of violence is not heavy, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, etc., it cannot be deemed that the sentence of the court below is too uneasible and unfair.

3. The part of the judgment of the court below regarding Defendant A among the judgment below is reversed ex officio as above. The above part of the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act without further proceeding to decide on the unfair argument of sentencing by Defendant A and the prosecutor. The prosecutor’s appeal against Defendant C is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제39조 제1항

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