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(영문) 수원지방법원 2015.04.09 2015노1439
상해
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.

An applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. We examine the defendant and the prosecutor's assertion of unfair sentencing, together with the allegation of unfair sentencing, and this case is a case where the defendant inflicted a serious injury upon the defendant's criminal defendant's victim harshly without any reason, and there is an unfavorable circumstance that the defendant suffered a serious injury to the victim beyond the victim's remaining disability.

However, in full view of all kinds of sentencing conditions shown in the pleadings of this case, including the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance after the crime, etc., the prosecutor’s assertion is without merit, and the Defendant’s assertion is with merit, since it is acknowledged that the Defendant’s punishment is too excessive and unreasonable. The Defendant’s assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment 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, the choice of criminal punishment, and the choice of imprisonment;

1. Articles 32 (1) and 25 (3) of the Act on Special Cases concerning the Improvement of Lawsuit, etc. of Application for Compensation (the scope of liability for compensation is not clear);

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