(영문) 부산지방법원 2017.09.15 2017노2532 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.09.15 2017노2532

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The fact that the judgment of the crime is recognized, and the fact that it is necessary to support the old-age who is not good health is favorable to the defendant.

However, the Defendant did not make any effort to repay damage even though he had suffered serious injury on the part of the first victim under the influence of alcohol; the Defendant committed the instant crime without being aware of the fact that he was sentenced to three times during the period of repeated crime due to the same kind of crime or three times during the period of repeated punishment; the Defendant committed the instant crime without being aware of it; the Defendant has a tendency to debris violence upon the withdrawal of alcohol and has been subject to criminal punishment on several occasions; and the Defendant repeats the instant crime without making efforts to improve it; and there is doubt as to whether the Defendant seriously repented his mistake.

In full view of all the circumstances, including these circumstances, such as equity with a similar case, the age, sex, and environment of the defendant, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unfeasible and unfair.

3. As such, the prosecutor’s appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant’s appeal is again decided as follows after pleading ( there is no ground for appeal by the defendant, but so long as the judgment of the court below is accepted by the prosecutor’s appeal and the judgment of the court below is reversed, the defendant’s appeal shall not be dismissed separately from the order). 【The judgment used again is the same as the judgment of the court below, and the summary of the facts constituting the crime and

유사 판례

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