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(영문) 서울동부지방법원 2015.01.29 2014노1691
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

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

2. The judgment of the court below is unreasonable in light of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., which led to the court below's decision that the sentencing of the court below is too inappropriate in light of the following circumstances: (a) the defendant was committed against the defendant; (b) the defendant made confession and reflects all the crime of this case; (c) the degree of damage was not relatively heavy; (d) the victim of the crime of this case was deposited in the court; and (e) the defendant made efforts to recover damage by depositing KRW 500,00 for the victim of the crime of this case; and (e) the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case;

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of facts and evidence recognized 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 provisions of the Criminal Act concerning the facts constituting an offense, Articles 260 (1), 314 (1) and 257 (1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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

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