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(영문) 창원지방법원 2017.11.01 2017노2553

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. In light of the fact that the Defendant made efforts to recover damage, that the injured party agreed that the injured party would not be punished by the Defendant, that the injured party submitted a letter of agreement with the Defendant, that he would be the front wife, and that there was no previous conviction and no record of exceeding the fine after 2000, the lower court’s sentence is unreasonable since the changes in the sentencing conditions of the lower court’s sentencing.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The normal consideration of the reasons for sentencing under Article 62-2 of the Criminal Act; and