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(영문) 광주지방법원 2014.06.02 2014노156

상해

Text

The judgment below

The remainder of the compensation order, excluding the rejection thereof, shall be reversed.

The defendant shall be punished by imprisonment for four months.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years of suspended execution in April, and forty hours of community service) is too unreasonable.

Judgment

The injury of the victim is not less than four weeks, and the fact that the same criminal record is several times is disadvantageous.

However, the court below's punishment is somewhat inappropriate in light of the following conditions: (a) the defendant led to confession of all crimes in this court; (b) the defendant deposited 1.5 million won for the victim; (c) the defendant and the victim deposited in this court; and (d) the civil mediation (2014da4489) that the defendant shall pay 80,000 won to the victim; and (b) the defendant additionally paid 80,000 won according thereto is favorable circumstances; and (c) other various sentencing conditions specified in the arguments in this case, such as the background of the crime in this case; (d) the circumstances after the crime in this case; (e) the defendant's age, character

Thus, the defendant's appeal is reasonable, and the remaining part of the court below's decision excluding the rejection of compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and it is again decided as follows

Criminal facts

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

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;