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(영문) 부산지방법원 2014.08.07 2014노1319

상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.

2. In light of the fact that the Defendant had a lot of records of punishment for the same kind of crime, and the crime of this case is committed without being aware of it during the suspension period of execution due to the same kind of crime, the quality of such crime cannot be deemed to be less light.

However, the defendant's mistake was properly divided into depth, and the victims were not able to repent. The victim C received 730,000 won from the defendant in an investigative agency and voluntarily withdrawn the defendant's complaint against the victim, which led to the defendant's trial, and the defendant deposited 100,000 won to the victim F. Above all, the fact that the defendant's family has been faced for a long time from the Schlage operated in the victim's trial as a result of the sentencing review in the court of the trial, which led to the defendant's family to escape frequently, is that the dispute with the victim's family has been completely prevented due to the reduction of directors in different places, and other conditions of sentencing as shown in the records such as the defendant's age, character, conduct and environment, it seems that the court below's punishment is too too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

(2) As long as the court below accepted the Defendant’s assertion of unfair sentencing and reversed the judgment of the court below, the prosecutor’s appeal on the ground of unfair sentencing shall not be separately determined by the order). The summary of the facts constituting an offense and evidence is identical to each corresponding part of the court below’s judgment, and thus, citing it as it is under

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 262 and 260(1) of the Criminal Act for the crime;