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(영문) 의정부지방법원 2014.09.18 2014노1596

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In full view of all the circumstances, such as the Defendant’s character, character and environment, the background and result of each of the instant crimes, and the circumstances leading to sentencing as shown in the records and pleadings, the sentence imposed by the lower court is deemed unreasonable and unreasonable, as it is deemed that the Defendant’s punishment was unreasonable, even though it is deemed that the Defendant had a majority of the records of punishment for the same kind of crime, and that the Defendant appears to have sufficiently reflected his mistake during the period of detention for not less than two months, and that the Defendant was in the first instance trial, and that the Defendant agreed smoothly with the victim.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court 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 crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of favorable reasons for the reversal of the above judgment);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;