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(영문) 울산지방법원 2012.11.30 2012노525

상해

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 500,00, and by a fine of KRW 1,00,000, respectively.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below (Defendant A: a fine of one million won, a fine of two million won, etc.) is too unreasonable.

(2) The Defendants, A, and the defense counsel did not make a separate judgment on the grounds of appeal on the second day of the appeal. 2. Each of the instant offenses was committed by high school teachers, and the Defendants, who should be the model of students, committed assault and assault in the school room, thereby causing bodily harm to each other. However, the Defendants did not want the punishment for each other. The Defendants did not want to be punished by mutual agreement. The degree of each injury suffered by the Defendants is relatively less serious; the Defendants are both the primary offenders; the Defendants are the primary offenders; the Defendants are against their mistake; the Defendants are against their age, character, environment, and circumstances after the commission of the crime; and all of the sentencing conditions, including the age, character, and circumstances after the commission of the crime, are considered to be somewhat unreasonable. Therefore, the Defendants’ assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is without merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the 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. Relevant Article 257 (1) of the Criminal Act and the choice of a fine for a crime;

1. Articles 70 and 69 (2) of the Criminal Act, respectively, shall be confined in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the orders for provisional payment;