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(영문) 창원지방법원 2019.01.10 2018노2161

상해

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 1,500,00 and by a fine of KRW 2,00,000, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (2 million won of fine) is too unreasonable.

(2) The defendant withdraws his assertion of misunderstanding of facts and misapprehension of legal principles during the second trial of the trial of the court, and even if ex officio, it is without merit).

Defendant

B The punishment of the lower court (hereinafter referred to as a fine of three million won) is too unreasonable.

2. The judgment of Defendant A on the grounds of appeal by the Defendant A is that the instant case occurred because of the urgency with respect to the speed of the injured party B and the vehicle while driving the vehicle. The injury of the injured party B is relatively heavy, which is disadvantageous to the Defendant A.

However, Defendant A appears to have the attitude of recognizing and opposing the instant crime in the trial, and in the damages lawsuit filed by the victim B against Defendant A, Defendant A submitted to the court of the trial for compulsory adjustment to the effect that “Defendant A shall pay 7.5 million won to the victim B, submit a written application for non-payment of punishment to each other, and recognize that there is no claim or obligation to each other in connection with the exercise of violence,” and the victim B submitted to the court of the trial an agreement with the purport that the victim B does not want to be punished against the Defendant according to the above compulsory adjustment decision. The instant act was an act that occurred in the course of the process that the Defendant and the victim sent to each other with the intent of attack, and considering all the circumstances that are the conditions for sentencing, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and criminal records, the sentence of the court below is too unreasonable.

3. The judgment of Defendant B on the grounds of appeal by Defendant B is an unfavorable circumstance against Defendant B that Defendant B used violence against the victim A while driving a vehicle. The case occurred due to the victim A and the trial cost while Defendant B was driving the vehicle.

However, Defendant B recognizes the crime of this case from the investigative agency.