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(영문) 의정부지방법원 2019.01.07 2018노3048

특수상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than nine months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., nine months of imprisonment) is too unreasonable.

2. The crime of this case is acknowledged as follows: (a) the defendant, who was in a dispute with the victim, was pande, at once the head of the victim is pande, and the victim's right chest part of the knife, which is a dangerous object, was inflicted on the victim at least three weeks of treatment; and (b) the defendant was highly likely to commit the crime in light of the method of the crime; and (c) the defendant was punished for the same kind of violent crime in the past.

However, considering the fact that the defendant's mistake is recognized, and that it seems that the defendant has been divided in depth through his prison life for about four months, the victim and the investigation stage were smoothly agreed, the victim and the victim wanted back the defendant again in the trial, the victim's injury is serious, but it seems that there is no problem in daily life because it is still important to recover almost at present, and the defendant's punishment as violent crime is 30 years before and after about 30 years, and there is no other record of punishment, the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence of the court below is unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 258-2 (1) of the Criminal Act of the relevant Article of the Criminal Act concerning the facts constituting an offense;