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(영문) 수원지방법원 2019.09.06 2019노4074
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court is too unreasonable, and the prosecutor asserts that the sentence imposed by the lower court (e.g., eight months of imprisonment) is too unreasonable.

2. In full view of the facts that the defendant led to the confession of the crime of this case and reflects on the defendant, that the defendant has no record of criminal punishment for the last ten years, that the defendant deposited the damage compensation with the victimized police officer in the trial, and that other reasons for sentencing as stated in the arguments and records of this case, such as the defendant's age, occupation, career, family relationship, environment, etc., the sentence imposed by the court below is unreasonable. Thus, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion on

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed.”

Application of Statutes

1. Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act and Article 141(1) of the Criminal Act and the choice of imprisonment for the crime;

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

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