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(영문) 창원지방법원 2017.06.28 2017노362
상해
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 300,00, and by a fine of KRW 500,000.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. The lower court determined each sentence, taking into account the degree of injury, whether to recover damage, and the history of punishment.

In the first instance trial, the lower court’s punishment is somewhat unreasonable in view of the following: (a) the Defendants led to confession of criminal facts different from the lower court; (b) the Defendants submitted a written agreement that they do not want punishment; and (c) the sentencing conditions, such as the Defendants’ age, sexual conduct, relationship with the victims; (d) motive, means and consequence of the crime; and (e) the circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is all reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows: (a) except for the addition of “1. Defendants’ respective appellate court statements” to the summary of the evidence, it is identical to each corresponding column of the lower court’s judgment; and (b) thus, they are cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The circumstances in light of the sentencing of Article 334(1) of the Criminal Procedure Act prior to the reasons for the provisional payment order

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