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(영문) 수원지방법원 2015.04.23 2014노4521

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. In light of the purport of the Defendant’s grounds for appeal (e.g., the Defendant’s mistake) and the fact that the Defendant committed the instant crime by drinking and contingently, the lower court’s sentence that sentenced six months of imprisonment is too unreasonable.

2. In light of the motive and background of each of the crimes of this case, circumstances before and after the crime of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior, environment, etc., the court below's punishment is recognized to be unfair, since it is recognized to be unfair, since the court below's punishment is recognized to be unreasonable.

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

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. The point of injury as a result of the pertinent Article of the Criminal Act and the judgment of the choice of punishment: Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the application for compensation of this case by an applicant for compensation is dismissed, since it is deemed inappropriate to issue an order for compensation because the scope of the accused's liability for compensation is unclear);