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광주지방법원 2018.12.11 2018노1961

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment, two years of probation, two years of probation, observation of protection, and 80 hours of community service) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant is not good to the nature of the crime of this case committed by the defendant who assaults the victim without any special reason, and the degree of injury of the victim is also disadvantageous to the defendant.

However, there is no other crime of violence except for the defendant's previous convictions that interfere with the performance of official duties once, the fact that the defendant recognizes the crime of this case, and that the defendant reached an agreement with the victim for the first time is favorable.

In addition, comprehensively taking account of the Defendant’s age, sex, family relationship, circumstances after the commission of the crime, and various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too unreasonable.

Defendant’s assertion is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are determined as follows: (a) on the grounds of the above unfair argument in sentencing; and (b) on the grounds of the foregoing, the sentence as ordered