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(영문) 대구지방법원 2015.05.22 2014노2814
상해등
Text

The judgment of the court below is reversed.

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

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of 10 months sentenced by the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment below's punishment is too unreasonable in light of the following factors: the defendant recognized all of the crimes of this case in the trial and reflects the depth; the defendant did not have any history of sentence; the defendant did not have any record of extra violent crimes sentenced to a fine of KRW 500,000 for the crime of assault in 201; the defendant appears to have committed the crime of this case contingently; the defendant deposited KRW 15,00,000 in the court below for the victim E; deposited additional KRW 25,000 in the court below for the victim E; and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime. Thus, the defendant's argument is justified.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with 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 admitted by the court is as follows: 1. The defendant's oral statement is added to the summary of the evidence, and all of the judgment below is the same as the corresponding column of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 324 of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act, the choice of imprisonment for a crime;

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

4. Article 62 (1) of the Criminal Act;

5. Article 62-2 (1) of the Criminal Act regarding community service order;

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