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(영문) 인천지방법원 2017.04.14 2016노4691

상해

Text

The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

Defendant 4,00. Fines 4,000

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment that the Defendant inflicted a bodily injury on the victim that requires treatment for a period of 62 days is disadvantageous to the Defendant.

However, this case is a normal situation that is favorable to the defendant, such as the fact that the injured person said that the injured person “the teared the ship” means that the injured person is "the teared to tear the ship," that the defendant paid a considerable amount of 15 million won to the injured person and agreed that the injured person does not want the punishment of the defendant, that the injured person submitted a written application that he does not want the punishment of the defendant, that there is no other penal force except that punishment was imposed once by fine, and that the defendant's mistake is repented late.

In full view of the above sentencing factors, including the above sentencing factors, the sentence of punishment on the defendant is too harsh, so the sentence of punishment on the defendant is considered to be unfair because it is too harsh.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime and Article 257 (1) of the Criminal Act that provides for the choice of punishment for the crime (see, e.g., Supreme Court Decision 2006Da1540,

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;