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(영문) 전주지방법원 2014.02.14 2014노11
상해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The sentence of the lower court (the fine of KRW 500,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. An unfavorable circumstance is recognized, such as the fact that no agreement has been reached with the victim until the judgment on the grounds for appeal was rendered.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and divided it in depth; (b) the degree of damage is relatively insignificant as a shoulder, the croud, the croud, and the tension that requires medical treatment for 14 days; (c) the Defendant deposited KRW 600,000 for the victim in the trial; (d) the Defendant has no record of punishment heavier than the power or fine imposed for the same kind of crime; and (e) the Defendant’s age, character and conduct, environment, and environment; and (e) other factors of sentencing as indicated in Article 51 of the Criminal Act, such as the background, means and consequence of the instant crime; and (e) the situation before and after the instant crime, the lower court’s punishment is too excessive and thus, the Defendant

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

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. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (Consideration favorable circumstances in front);

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