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(영문) 광주지방법원 2017.01.18 2016노4167

상해등

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

(2) the date of this judgment.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a case in which the Defendant used violence against his wife, and the nature of the crime is not good in light of its details and method, etc.

On the other hand, it is advantageous to the fact that the defendant's mistake is properly recognized and reflected by the defendant, the victim does not punish the defendant by agreement with the victim, and the defendant does not have any record of punishment for the same crime.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., the punishment of the defendant sentenced by the court below is too unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Relevant legal provisions of the Criminal Act, Article 276(1) of the Criminal Act (the point of confinement), Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, and the choice of imprisonment for each of the types of punishment;

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

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