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(영문) 인천지방법원 2016.01.13 2015노3388

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. In light of the circumstances, details, etc. of the instant crime, which is not good in light of the nature and nature of the instant crime, the degree of damage caused by the instant crime is not somewhat unfavorable, but the Defendant’s confession and reflects on the instant crime, and deposit KRW 1.1 million for the victim, and the conciliation is formed between the Defendant and the victim in the civil lawsuit (see, e.g., Supreme Court Decision 2015Da75271, Mar. 1, 200) related to the instant crime. The Defendant has no record of criminal punishment, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character and character environment, and conditions before and after the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

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

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse; 100,000 won per day;

1. Article 59(1) of the Criminal Act: Consideration of circumstances favorable to the defendant as seen earlier;