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(영문) 수원지방법원 2018.09.07 2018노4113

특수상해

Text

The judgment of the court below is reversed.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the health room, and the prosecutor, at the trial of the party, engaged in the last day of each of the provisions of paragraphs 1 and 2 of the facts charged in indictment.

The term "part" puts an injury to which the number of days of treatment is unknown, such as her marb, etc.

The "Application for Amendment to Bill of Indictment" was filed, and this Court permitted it and changed the subject of the judgment, so the judgment of the court below is not able to be maintained as it is.

3. In conclusion, the court below's judgment is reversed in accordance with Article 364 (2) of the Criminal Procedure Act after omitting judgment on the defendant's unfair argument of sentencing, and it is again decided as follows.

【Grounds for the Judgment of the Court in other words] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as follows: "The above injury was inflicted" in the last sentence of paragraphs 1 and 2 of the Criminal History.

The term "part" puts an injury to which the number of days of treatment is unknown, such as her marb, etc.

Except for each change to the original judgment, since it is the same as the corresponding column of the original judgment, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 (1), 257 (1), and 30 of the Criminal Act applicable to the crime and Articles 258-2 (1), 257 (1), and 30 of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to special injury to victim E)

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

1. With respect to special injury for reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing criteria is not set at the time of prosecution.

The defendant confessions and reflects the crime of this case, and the victims do not want to punish the defendant.