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(영문) 서울북부지방법원 2015.12.10 2015노1226

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.

2. The judgment of the court below is deemed to have committed the instant crime under the influence of alcohol, and the victim already expressed his intent that he would not want the punishment of the Defendant. However, the Defendant had a history of fines and imprisonment for the same kind of crime as the instant crime, etc., which is one of the criminal acts, and is a repeated crime period of which is not less than eight months since the execution of imprisonment was completed. The Defendant again committed the instant crime without being familiar with the victim during the period of suspension of execution, which was sentenced to a suspended sentence of imprisonment, and for whom eight months have not yet passed since it was sentenced, and the Defendant committed the instant crime. The Defendant committed the instant crime with the victim’s body during the period of suspension of execution, where the Defendant she saw the victim with the victim’s body at the house of the victim who was her mother and her mother, and continued to see the victim’s body with the victim’s s breath and her body by using it.”