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(영문) 부산지방법원 2020.01.10 2019노3418
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The total length of seized excessive one square meter, 20 cm, day length.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and three months) of the lower court’s sentence is too unreasonable;

2. The crime of this case is determined by the following facts: (a) the Defendant assaulted the part of the victim’s chest with an empty snick disease; and (b) furthermore, the Defendant inflicted an injury on the chest part of the victim’s chest by the over-road knife; and (c) the Defendant’s knif

The defendant has been punished for the crime of injury, and he did not receive any conviction from the victim until the appellate court.

However, the Defendant is against all the criminal acts of this case.

The criminal records of the defendant shall be about 14 years, and there shall be no record of criminal punishment from that time to that of the crime of this case.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.

The defendant's assertion of unfair sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) ( point of special violence and choice of imprisonment), and 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the defendant in the previous case);

1. Confiscation of the Criminal Act;

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