2015No7611 Injury by negligence

A

Defendant

The book-type (prosecution) and a public trial;

Suwon District Court Decision 2015 High Court Decision 231 Decided December 4, 2015

June 16, 2016

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

The punishment (including a fine of 500,000 won) sentenced by the court below is too unreasonable.

2. Determination

When committing the instant crime, the victim was an elementary school student under 12 years of age at the time of committing the instant crime and was given medical treatment for a considerable period of time due to the injury is disadvantageous to the Defendant.

However, the crime of this case was committed in the course of correcting the attitude of the victim who is the student of the defendant, and the defendant seems to reflect his mistake while making a confession of the crime of this case for the time when the defendant was in the trial, and the defendant deposited 2 million won for the victim of this case for the time when the defendant was in the trial, and the defendant deposited 4 million won for the victim in addition to the favorable circumstances such as the fact that the defendant has no record of criminal punishment yet to be punished, it is judged that the court below's sentence is unreasonable by comprehensively taking into account the sentencing conditions such as the defendant's age, character and behavior, environment, family relation, etc.

3. Conclusion

Therefore, the defendant's appeal is justified, so 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.

【Discretionary Judgment】

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the evidence related thereto are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 266(1) of the Criminal Act (Selection of Fine)

1. The type to be suspended;

Fines 500,000

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day)

1. Suspension of sentence;

Article 59(1) of the Criminal Act (Consideration favorable circumstances in the preceding);

The presiding judge or higher;

Judges Jeon Soo-tae

Judges Kim Gin-ju