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(영문) 창원지방법원 2015.04.08 2014노2676

상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years of suspended execution in six months of imprisonment, and eight hours of community service order) is too unreasonable.

2. The crime of this case is committed by the Defendant on the ground that the Defendant did not pay the credit value of the drinking house that the Defendant introduced by the victim D himself/herself, and there are several times the above victims, and the Defendant committed an injury to the victim E, such as an injury to the victim E, who was unable to know the number of days of treatment on the ground that the victim E was aware of himself/herself, such as an injury to the victim E, and an injury to the victim E, such as an injury to the left part of the drinking house in need of three weeks of treatment, such as an injury on the left part of the police officer, who was requested by the police officer H to contact at the time of receiving the report of D, and interfere with the legitimate execution of duties by the police officer on the treatment of civil petitions, and the Defendant was punished for the same criminal offense, etc., which is disadvantageous to the Defendant.

However, the defendant's deposit of KRW 500,00 with the police officer H does not want the victim's punishment against the defendant by mutual agreement. The victims have again submitted a written application, etc. after the decision of the court below and expressed their intent to punish the defendant, and the defendant's preemptive action against the defendant. Many persons including the defendant's workplace fees are the prior action against the defendant. The defendant has no criminal records of suspending qualification or heavier punishment, and the defendant seems to have a place of work for a long time when the suspension of execution becomes final and conclusive. Considering other various circumstances, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the court below is somewhat unreasonable.