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(영문) 창원지방법원 2020.10.08 2020노1405

특수상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant committed the crime of larceny and acquisition of stolen property by using runaway juveniles, and inflicted bodily injury on the victim V by using beer's disease. The crime of this case is deemed to be bad.

However, when the defendant was in the trial, the defendant recognized all of the crimes of this case and is against the law.

The defendant agreed with victims (victim E, H, N, Q, and V) who can communicate with the defendant, and the defendant seems to have made considerable efforts to recover from damage.

The defendant has no history of criminal punishment.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, content, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. 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.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court are identical to the corresponding column of the judgment below, except where the court below changed the "1. Part of the defendant's court statement" from among the "a summary of evidence" of the judgment below to the "a..... the defendant's court statement". Thus, it is acceptable as it is in accordance with Article 369

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 362 (1) of the Criminal Act, Article 362 (1) of the Criminal Act (the acquisition of stolen articles, the choice of imprisonment), Articles 329 and 31 of the Criminal Act, which provide for the choice of punishment for the crime;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the most serious;