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(영문) 서울북부지방법원 2016.12.01 2016노1786

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. Under the judgment on the grounds of appeal, the Defendant and the prosecutor’s assertion of unreasonable sentencing also are examined.

In light of the circumstances that are favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the victim M was against the defendant, the victim M was revoked, the defendant deposited a certain amount for the victim E, F, G, I, and L at the court below, the defendant agreed with the victim P in the trial, and the defendant has no criminal punishment power for the last ten years or more, etc., the crime of this case and the crime of this case are committed repeatedly against several victims, such as bodily injury, damage, damage of property, obstruction of business, disturbance, threat, and embezzlement. In light of the frequency of the crime, the frequency of the crime, method of the crime, etc., which are disadvantageous to the defendant, including the circumstances unfavorable to the defendant, such as the motive and background leading up to the crime of this case, the circumstances before and after the crime, the defendant's age, character and behavior, occupation, occupation, and family relation, etc., the punishment of the court below is too unfair.

3. If so, the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again ruled after pleading as follows. The prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal

[Dao-written judgment] Criminal facts and summary of evidence recognized by this court are separate from the judgment of the court below in addition to the fact that the "R" of No. 4 of the judgment of the court below is M as "M".