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(영문) 수원지방법원 2018.11.01 2018노4436
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two years of imprisonment) is too unreasonable in light of the fact that the defendant reflects his wrong and that the defendant does not repeat the crime.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. In light of the fact that the degree of injury to the victim caused by the instant crime is not less and substantial measures are not taken to recover damage to the victim, and that the defendant commits the instant crime during the repeated crime period due to the same crime, it is necessary to strictly punish the defendant.

However, in light of all the sentencing conditions shown in the arguments of this case, including the defendant's age, sex, environment, and the circumstances leading up to the crime of this case, the sentence imposed by the court below is somewhat unreasonable, and it is recognized that the defendant's punishment imposed by the court below is unreasonable.

3. Although the appeal by the public prosecutor is without merit, the appeal by the defendant is with merit, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the original judgment, 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, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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