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(영문) 부산지방법원 2020.07.23 2020노1629

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Determination of the summary of the grounds for appeal (unfair punishment for six months) shall be inappropriate;

2. The sentence imposed by the court below is within the scope of the applicable sentences and the recommended sentencing criteria (from February to June 10).

The punishment was determined by considering the defendant's reflectivity, victim B, and D's intention not to punish, criminal records of the same kind, degree of injury, etc.

In light of the criminal records of the defendant, the same period of repeated crime, etc., sentence is inevitable.

However, the defendant agreed with the victim C in the appellate trial, and the victim B and C want to have the defendant's prior wife.

In addition, if we review the sentencing factors, the amount of the original sentence is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;