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(영문) 인천지방법원 2013.12.27 2013노3230

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. In light of the following facts: (a) the Defendant was sentenced to punishment once a sentence, etc. for the same kind of crime; (b) the Defendant was sentenced to punishment several times for the same crime; (c) each of the instant assault crimes, such as the instant case, which was committed without being aware of even after being prosecuted for the same crime; and (d) the method of assaulting the Victim H while being investigated by the police; (d) the Defendant was bad in quality of the crime; and (e) the Defendant was not in agreement with the victims and did not take any measures to recover from the damage; and (b) the Defendant was sentenced to punishment for the Defendant is inevitable.

However, in full view of the following: (a) the Defendant recognized all of the instant crimes and reflects his mistake; (b) the degree of injury of the victim E is not relatively heavy; (c) the victim H was not in place of any particular injury; (d) the occurrence of the instant case appears to have been partially erroneous in the victim E; and (e) other various sentencing conditions in the records and arguments, such as the Defendant’s age and behavior environment; and the circumstances before and after the commission of the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;