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(영문) 창원지방법원 2016.09.07 2016노1388

상해등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

3.Provided, That for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, four years of suspended sentence, three years of probation, and 80 hours of attending violent therapy) that the court below sentenced is too unreasonable.

2. The judgment of the defendant committed a crime such as threatening to kill the victim C and D (the police officer attempted to kill the above victims even before the police officer), the victim C by exercising violence against the victim C, the victim's intrusion into the residence of the victim D, theft of the victim or harming the house, and the above victims did not reside at the remaining house of the defendant's fear, transfer the brus, etc., and the suffering of the above victims due to the defendant's act is very serious (the defendant found the above victims to the elementary school accompanying W even at the elementary school accompanied by W, and the victim suffered considerable damage to the victims other than the victim of this case, such as avoiding disturbance), and there was no agreement with the victim C and D until now.

However, all of the crimes of this case are confessioned by the defendant, there is no record that the defendant was punished for the same kind of crime before each of the crimes of this case, the victim G, H, and I do not have to be punished for the defendant, the result of the victim C's injury is not significant, the result of the injury suffered by the victim C is not significant, and the quantitative dynamic disorder that the defendant suffered from long time is likely to have affected each of the crimes of this case, and the family members are in the mental treatment and guidance of the defendant, and the defendant shows a strong intention of treatment.

In addition to the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.