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(영문) 서울동부지방법원 2020.04.24 2020노264

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

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

2. The judgment of this case is not proper in light of the circumstances of the crime committed by the defendant without any particular reason, and the nature of the crime is poor in light of the circumstances leading up to the crime. However, in full view of the fact that the defendant was found to have committed a bodily injury without any specific reason and the victim did not want to be punished by the victim under the agreement with the victim, the defendant's age, character, character, environment, occupation, circumstances leading to the crime of this case, details and circumstances leading to the crime, etc., the sentence of the court below is too unreasonable

Therefore, the defendant's argument is justified.

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.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the favorable circumstances stated in the grounds for reversal);

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], and April through June.

3. The sentence shall be determined as ordered by taking into account all these factors of sentencing in the reasons for reversal of the sentence.