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(영문) 서울고등법원 2017.09.22 2017노2036

폭행치상

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment 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 (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. While the Defendant complained of the matter of money, the Defendant abused the victim and suffered serious injury to the victim on his/her real name, franchisor, franchisor, cerebral le, etc.

In addition, even though the Defendant had been punished several times for violent crimes, the Defendant committed the instant crime. Considering these circumstances, the Defendant’s responsibility is not less and less than that of the Defendant.

However, the crime of this case is a assault case between the victim and the victim, which is partially responsible for the occurrence of the result, and the defendant seems to have assaulted the victim by contingency.

At the time of the crime of this case, damage has been increased as the victim was taking full part at the time of the crime of this case.

In addition, the defendant paid some hospital expenses for the victim, and deposited a total of KRW 100 million for the victim until the original trial, and the victim does not want the punishment against the defendant in agreement with the victim in the trial of the party.

In addition, taking into account all the sentencing conditions shown in the arguments in the instant case, such as Defendant’s age, sex, environment, etc., and the scope of the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (the scope of mitigation of assault and bodily injury) (the scope of mitigation of assault and bodily injury) among violent crimes from February to June, 1, 200), the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] Summary of facts constituting an offense and a summary of evidence recognized by the court is the relevant column of the judgment below.