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(영문) 부산지방법원 2015.08.28 2015노2072
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the reasons for appeal is too unreasonable that the punishment of imprisonment (one year of imprisonment) of the original judgment is too unreasonable.

2. One-dimensional scambling, the Defendant denied the instant crime from the investigative agency to the original trial, and in light of the degree of injury suffered by the victim, the quality of the instant crime is not less than that of the crime.

However, in light of the fact that the defendant recognized the crime of this case in the trial of the party, that the defendant is the first offender, that the defendant agreed with the victim in the trial of the party, that there is room for the prior location in light of the defendant's age, occupation, and family circumstances, and all other matters concerning the sentencing specified in the records and arguments of this case, it is recognized that the sentence imposed by the court below is unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized 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. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 57 of the Criminal Act including days of pre-trial detention;

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