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(영문) 서울북부지방법원 2018.01.19 2017노1559
상해
Text

The judgment of the court below is reversed.

The punishment of the accused shall be eight months by imprisonment.

(2) the date of this judgment.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.

Of the facts charged, the prosecutor "if any, faced with."

“Abreging against the victim,” and the victim’s coconging water into the left-hand side, making it necessary to perform surgery, such as removal and re-replacement of the shape.

“Along with the injury of the upper part of the Coco, the injury was inflicted.”

“The injury was inflicted on the base of salt, the second string, etc., of cryp, in need of treatment for about two weeks in the fore part part and about the fore part of the Coin.

"A request for amendments to a bill of amendment was made to the contents of the amendment, and this court permitted amendments to a bill of amendment, so the case was changed.

3. The judgment of the court below is reversed ex officio due to changes in indictment.

The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows after pleading.

[Re-used Judgment] The summary of criminal facts and evidence against the defendant recognized by the court, and the summary of criminal facts and evidence in the criminal facts.

“Abreging against the victim,” and the victim’s coconging water into the left-hand side, making it necessary to perform surgery, such as removal and re-replacement of the shape.

“Along with the injury of the upper part of the Coco, the injury was inflicted.”

“The injury was inflicted on the base of salt, the second string, etc., of cryp, in need of treatment for about two weeks in the fore part part and about the fore part of the Coin.

Except for each change to “,”, since all of the judgment below are the same as the corresponding column of the judgment, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: January to July, and February.

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