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(영문) 창원지방법원 2014.02.13 2013노2023

상해등

Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below revealed that each of the crimes of this case committed the crime of this case committed the act of assaulting the victim D and E with the victim D, who was living together with the victim D, and committed the act of assaulting the victim D and E for about 2 weeks, and the victim E with approximately 6 weeks of medical treatment. The defendant 70,000 won in cash within the wall of the victim E, who was forced due to the defendant's assault, stolen the defendant's act of assaulting the victim E, while under the influence of alcohol concentration of 0.266% of alcohol level, driving the cargo while driving the vehicle at the center and making a left-hand turn, resulting in injury requiring medical treatment for about 2 weeks of the victim G driving, and the defendant did not suffer from any injury to the victim G due to the defendant's act of assaulting the victim's 1,406,000 won of repair cost, and without any necessary measure of aiding the victim G driving and destroying the victim's G, the defendant did not have been punished due to the defendant's act of violence, etc.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the defendant committed the instant bodily injury, the fact that there is no penalty force exceeding the fine of the defendant, the cargo vehicle driven by the defendant is covered by a comprehensive motor vehicle insurance, the victim Ethrasium injury was judged to have affected the degree of injury. The defendant returned 70,000 won in cash that the defendant stolen, and the circumstances that are conditions for sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., are considered.