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(영문) 부산지방법원 2018.02.02 2017노3610

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that the defendant and the prosecutor's unfair argument of sentencing together with each other, the defendant had been sentenced to a fine several times, a suspended sentence, or a suspended sentence, and there have been records of punishment for the same kind of crime, and the part and degree of the injury, and the failure to agree with the victim.

However, in consideration of the defendant's age, sex, environment, motive, means and consequence of the crime in this case, etc., the sentence imposed by the court below is too unreasonable, considering all of the sentencing conditions stated in the arguments in this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime in this case, etc., the defendant's punishment imposed by the court below is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the decision is rendered again after pleading (Provided, That as long as the judgment of the court below is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately). The criminal facts acknowledged by the court and the summary of the evidence are identical to the facts constituting the offense and the relevant column of the judgment of the court below, thereby

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 suspension of execution (i.e., circumstances favorable to the failure to reverse the judgment above);