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(영문) 대구지방법원 2015.01.23 2014노2090

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (two million won of fine) imposed on the Defendant by the lower court is too unhued and unreasonable.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. Although the defendant requires a higher level of compliance with law from a professional graduate school at the time of the judgment, the crime of this case seems to be inferior to the quality of the crime committed by the defendant to inflict bodily injury on the victim, who is the motive in the dormitory of D University, and did not reach an agreement with the victim up to the trial, and the victim continuously wanted to punish the defendant. However, the defendant has led to the trial of the court, which led to the confession and reflect of the crime of this case, and the defendant deposited 4 million won for the victim (in addition to the trial of the court, deposit additional one million won), and the defendant has no record of criminal punishment, and other factors such as the defendant's age, character, environment, motive and circumstance leading to the crime of this case, the motive and consequence leading up to the crime of this case, the circumstance after the crime, etc., are considered to be unfair. Thus, the prosecutor's assertion is without merit, and the prosecutor's assertion is without merit.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the court and the summary of the evidence are as follows: (a) except to the alteration of “1.1. Defendant’s partial statement in court” to “1.1. Defendant’s oral statement”, the respective corresponding columns of the judgment of the court below are the same, and thus, they are cited pursuant to Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines.