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(영문) 창원지방법원 2017.07.06 2017노86

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of suspended sentence in April) is too unreasonable.

2. In full view of all favorable sentencing factors, including the following: (a) the first instance judgment, seven times the same criminal records (one time the suspension of the sentence of imprisonment with prison labor and six times the fine), and the fact that there are many different criminal records; (b) the Defendant led to the confession of and the degree of injury to the Defendant; (c) the degree of injury to the Defendant was relatively minor; (d) the Defendant has reached an agreement with the victim; (c) the circumstances leading to the commission of the offense; and (d) there were no criminal records exceeding the fine for the last ten years; and (e) the circumstances leading to the commission of the offense; (e) the Defendant’s age, family relation, economic situation; (e) the background and motive leading to the offense; and (e) the records and the changes of the instant case, the Defendant’s argument 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 defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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