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(영문) 서울중앙지방법원 2016.06.10 2016노1038
상해등
Text

We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for not less than one year and six months.

1,100,000 won shall be additionally collected from the defendant.

Reasons

1. The punishment sentenced by the first instance court (a year of imprisonment, 1,100,000 additional collection) on the summary of the grounds for appeal (unfair sentencing) is too uneased and unreasonable.

2. According to the agreement between the victim E and the victim F of special injury to be determined, the victims do not want the punishment of the defendant, deposited KRW 6,00,000 in the future of the victim of special injury in order to recover from the damage, and made an important cooperation in investigation related to narcotics crimes, and the fact that the defendant separates his mistake, etc. is favorable to the defendant.

On the other hand, the crime of this case is a case where three victims suffered relatively serious injury by using drinking or dangerous things, and its nature is not very good, and the defendant has already been punished by imprisonment or a fine for the same violent crime several times, but has committed the crime of this case at the same time during the period of repeated crime, even though there has been a history of punishment for the crime of this case, the crime of this case was committed, even though there has been a history of punishment for the crime of narcotics, and there has been no agreement with the victim F of Special Injury, and the location was concealed during the investigation, as well as other various circumstances, including the defendant's age, sex, sex, environment, family relationship, health status, motive, means and consequence of the crime, and the circumstances after the crime, it is judged that the punishment of the first instance court is unfair because it is too unfeasible.

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the first instance court is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court of first instance. 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 the choice of punishment for the crime;

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