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(영문) 전주지방법원 2015.10.16 2015노860

상해

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of six million won) is too unreasonable.

2. The crime of this case requires strict punishment of the Defendant in light of the fact that the Defendant inflicted an injury on the victim, such as cages at 6 weeks prior to the time when the victim was placed, and the degree of injury, etc. in light of the gravity of the crime.

However, in light of the fact that the defendant led to the confession of the crime of this case, that the defendant violated the wrongness, that the defendant agreed in the first instance court, that the defendant did not have any record of criminal punishment for the same kind of crime, and that all the sentencing conditions of the argument of this case, such as the defendant's age, character and behavior, family environment, etc., the sentence of the court below is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;