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(영문) 창원지방법원 2017.09.28 2017노1650

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles: The former did not engage in the same act as the facts constituting an offense as indicated in the judgment below.

B. Sentencing: The sentence of the lower judgment (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. In full view of the misunderstanding of facts and legal principles, E (victim)’s legal statement that corresponds to the facts charged, E (victims)’s legal statement in the original trial, Defendant’s legal statement in the original trial, Defendant’s breath of breath of breath, and the victim’s breath of breath of breath, and the victim’s breath of breath of breath of breath of breath of breath of breath of breath of breath of cat of cat of cat of bat of bat of cat of cat of cat of bat of cat of cat of cat of cat of cat of bat of cat of cat of fat of cat of bat of bat of cat of

As such, the lower court failed to specify the judgment in accordance with Article 323(2) of the Criminal Procedure Act, even though it has to do so.

However, comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant was found to have served alcohol at the time of committing the crime, but it does not seem to have reached a mental and physical weak condition due to the circumstance leading to committing the crime, the means and method of the crime, and the circumstances after committing the crime. Therefore, the above assertion is without merit, and it does not affect the judgment). (B) There are unfavorable grounds for sentencing, including the following: (a) the illegal sentencing part; (b) the scambling of the head, the scambing of the head, and the fact that there are two times the same fines, but the defendant did not receive the money

I think that there has been a vision for each other, and take into account the circumstances that the crime of this case was committed in a contingent manner.