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(영문) 부산지방법원 2018.01.18 2017노2150

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The sentence of the court below (the penalty amount of KRW 800,000) against the defendant on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case, based on the judgment, was committed by the Defendant, such as the Defendant being pushed off several times, and was committed by the Defendant. In light of the content of the crime, the liability for the crime is not less and the Defendant did not agree with the victim, and the circumstances unfavorable to the Defendant are recognized.

However, when considering the overall circumstances, such as the defendant's age, sexual behavior, environment, etc., the court below's punishment against the defendant is too excessive and unfair, considering the following: (a) the defendant led to a confession of the crime of this case and reflects the mistake in depth; (b) the defendant's act of committing the crime of this case in the course of dispute with the victim who was in his/her old occupation while he/she was in his/her old occupation; (c) the degree of injury to the victim is minor; (d) the defendant was the first offender who has no record of criminal punishment until now; and (e) other circumstances, which form the conditions for sentencing specified in the argument of this case,

3. As such, the defendant's appeal is with merit, 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 facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to “a summary of the evidence” column of the lower judgment, the summary of the facts charged and the evidence is as indicated in each corresponding column of the lower court’s judgment, and thus, they are cited pursuant to Article 369 of the Criminal

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Penalty fine of 800,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59 (1) of the Criminal Act ( normal consideration in favor of the defendant as seen earlier);