(영문) 서울동부지방법원 2017.05.12 2016노1301

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(영문) 서울동부지방법원 2017.05.12 2016노1301

특수상해등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of eight months imprisonment with prison labor, which the court below decided against the defendant, is too unreasonable.

2. The lower court rendered a judgment on the following facts: (a) under favorable circumstances, the Defendant deposited KRW 4 million with the victims of property damage; (b) all of the crimes were committed; (c) there was no past record of a suspended sentence or heavier prior to the instant crimes; (d) under unfavorable circumstances, the Defendant used violence against the victim D, who is a driving engineer, to prevent the Defendant from driving the taxi on the main set of the taxi; (c) with carrying dangerous articles, and causing injury to the main part of the victim D; (d) the victim D wanted to inflict severe punishment on the Defendant; (e) there was more than two times the history of having been punished for the same crime; and (e) there was three times the history of having been punished for the same crime; and (e) there was no history of having been punished for the fine for the victim D; and (e) there was a doubt that the Defendant committed a crime that was committed by the victim D in an investigative agency, even if having caused considerable damage to the victim D.

In light of the above unfavorable circumstances, the sentence of punishment on the defendant seems inevitable.

On the other hand, however, considering the above favorable circumstances including the fact that the defendant deposited an additional amount of KRW 5.5 million for the victim D at the trial of the party, the term of the punishment set by the court below is too vague and unfair.

Therefore, the defendant's argument of sentencing is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Grounds for another judgment]

유사 판례

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