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(영문) 춘천지방법원 강릉지원 2019.08.08 2019노191
특수상해등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The instant crime ought to be subject to criticism for the crime of “defluence violence”, which has been committed continuously over a long time against the victim who had a relationship with the Defendant.

However, in full view of all the sentencing conditions, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., the court below's punishment is too unreasonable, in light of the following: the defendant's time to commit the crime of this case, the amount of damage caused by the damage of this case is not significant; the defendant does not want the defendant's punishment any longer by agreement with the victim when it comes to the trial; the defendant does not want the defendant's punishment any longer; the defendant has no record of punishment other than punishment being punished once due to the violation of the Road Traffic Act (driving).

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.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 261 of the Criminal Act, Article 261 of the Criminal Act, Article 257 (1) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, Article 36 of the Criminal Act, Article 266 of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of imprisonment with labor, and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the heavier special injury), among concurrent crimes;

1. The various sentencing conditions as seen earlier prior to the reasons for sentencing in Articles 53 and 55(1)3 (i.e., the favorable circumstances) of the Criminal Act.

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