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(영문) 대구지방법원 2021.03.30 2021노573
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment below

Among them, the part against the defendant (excluding the part of the application for compensation order) shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The lower court rejected the application for compensation by the applicant for compensation.

Defendant

In the instant case in which only an appeal was lodged, the part of the lower judgment dismissing the application for a compensation order was already finalized (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot appeal the judgment dismissing the application) and is excluded from the subject of the judgment by this court.

2. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

3. The Defendant: (a) saved the victim, thereby leaving the victim for approximately four weeks of medical treatment; and (b) laid the bones of the bones, etc. requiring medical treatment.

The degree of injury of the victim is not easy, and the nature of the crime is not good in light of the circumstances.

However, the defendant has no record of punishment exceeding the fine for the same crime, and is showing the attitude of recognizing and opposing the crime.

In the trial of the party, medical expenses were paid to the victim and agreed with the victim.

In full view of other circumstances revealed in the instant pleadings, such as the Defendant’s age, sex, and circumstances after the crime, the lower court’s punishment is deemed to be too unfair and unfair.

4. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a 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 Procedure Act.

Application of Statutes

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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