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(영문) 광주지방법원 2017.08.22 2016노3856
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The crime of this case is not weak in that the Defendant committed a relatively serious injury in light of the victim’s personal relationship.

However, all of the crimes of this case are recognized by the defendant, and there is no record of the crime except the punishment of a fine for the crime of this case two times, and in particular, there is no record of punishment for the crime of violence, and it seems to be contingent crimes.

At the investigation stage, the defendant already paid 5 million won to the victim and agreed with the victim, and the victim wanted to take a preference against the defendant over several times.

In particular, in the past, the victim was married to the defendant and became a new family, and became able to take more care of the defendant, and the defendant is going to be able to achieve a smooth family in the future, against the mistake that he committed against the victim.

B. If the lower court’s sentence, which sentenced the suspended sentence of imprisonment to the Defendant, is maintained, the Defendant, including the victim, would lose the position of a public official, and such social constraints that the Defendant should bear due to the criminal act, should also be considered as an element of sentencing. As such, such disadvantages in the status should not be considered to be determined in accordance with the principle of individualization of the penal application.

In addition, even without considering the risk of the defendant's loss of occupation, in light of the general sentencing cases of similar cases, the sentence of fines in this case cannot be viewed as a minor punishment.

In addition to these circumstances, the sentencing conditions, such as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, as shown in the instant records and arguments, are all various circumstances.

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