(영문) 전주지방법원 2015.12.04 2015노1338 | 리걸엔진

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(영문) 전주지방법원 2015.12.04 2015노1338

상해등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. The crime of this case requires strict punishment for the defendant in light of the following: (a) the victim, who was an emergency medical service worker, seeking to measure the blood pressure of the defendant during the period of suspension of execution of official duties; (b) the defendant was punished for the crime of this case during the period of suspension of execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and (c) the defendant committed the crime of this case during the period of suspension of execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

However, the court below's punishment is somewhat unreasonable in consideration of all of the following circumstances: (a) the defendant led to the confession of the crime of this case while committing the crime of this case; (b) the defendant committed the crime of this case in a state that the defendant has weak mental and physical disorder; (c) the victim injured; (d) the defendant deposited one million won for the above victim; and (e) the defendant deposited the crime of causing property damage; and (e) the defendant agreed with the victim of the crime of causing property damage; and (e) all of all of the sentencing conditions in the arguments of this case, including the defendant's age, character and conduct, family environment

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, 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 as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act (the point of injury) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

참조조문

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