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(영문) 부산지방법원 2018.10.18 2018노2557

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence imposed by the court below (6 months of imprisonment and 2 years of suspended execution) is too unhued and unfair.

2. When the defendant was faced with face from the injured person, he/she went to commit the instant crime contingently, and the accused did not have the same criminal record and has no record of punishment heavier than the fine.

However, the crime of this case was committed by the defendant at one time at the right side of the victim E by drinking, and the defendant inflicted an injury on the victim, such as the mouths of internal walls, which require approximately four weeks of medical treatment. The defendant's behavior is poor and the degree of damage is serious.

Nevertheless, the defendant did not endeavor to seek a letter or restore damage to the victim.

If a damaged person wishes to punish the defendant, and comprehensively takes into account various sentencing conditions, such as the age of the defendant, family relationship, and relationship with the victim, the punishment sentenced by the court below is unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is 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(1) of the Criminal Act and Article 257(1) of the Criminal Act regarding criminal facts, the grounds for the reversal of the sentence for sentencing of imprisonment with prison labor, taking into account these circumstances, shall be determined as per Disposition.