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(영문) 서울서부지방법원 2019.10.24 2019노1025
상해
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of this case is a case where the defendant prices the part of the victim's face with a large weight and inflicts bodily injury on the victim, such as the victim's appearance, etc., in light of the risk of the crime method, the damaged part of the victim, and the degree of damage, etc., and the fact that the crime is not light, and that the degree of physical and mental shock suffered by the victim seems to be very heavy is the circumstances unfavorable to the defendant.

However, the defendant recognized the crime of this case and is against the defendant, and there is no criminal punishment force, and since the decision of the court below, the defendant paid the victim the agreed amount of KRW 60 million, and the victim expressed his intention not to punish the defendant is favorable to the defendant.

In full view of the above normal relationship and other circumstances such as the defendant's age, occupation, character and conduct, environment, and circumstances after the crime, the court below's punishment against the defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Since 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 is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the Criminal

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. We examine the part of the judgment on the grounds for appeal for sentencing under Article 334(1) of the Criminal Procedure Act.

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