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(영문) 청주지방법원 2017.08.25 2017노759

특수상해등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (4 months of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. Defendant A’s mistake was found in the past, and the Defendant was in mind, and his depth was divided.

On July 4, 2017, the defendant agreed with the victim in a smooth manner, and the victim does not want the punishment of the defendant.

The Defendant had been detained on June 9, 2017 and detained for not less than two months in the instant case, and had sufficient opportunity to return his own life and to reflect the instant crime.

I seem to appear.

In light of the above circumstances, considering the Defendant’s age, sex, occupation, family relation, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment was too unreasonable.

B. We examine Defendant B, and the Defendant consistently admitted Defendant B’s mistake from the beginning of the instant investigation to the court of the first instance.

On July 17, 2017, the defendant agreed with the victim who was only the victim. Accordingly, the victim does not want the punishment of the defendant.

The defendant seems to be in need of urgent treatment at the present three cancers.

The Defendant had been detained on June 9, 2017 and detained for not less than two months in the instant case, and had sufficient opportunity to return his own life and to reflect the instant crime.

I seem to appear.

In light of the above circumstances, considering the Defendant’s age, sex, occupation, family relation, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment was too unreasonable.

3. In conclusion, the Defendants’ appeal is with merit.