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(영문) 청주지방법원 2017.10.13 2017노1051
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date the above judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

In light of the above, the Defendant, while driving a central line with the victim, was able to take a serious desire for the victim of 33 weeks of pregnancy without any error, even though it was obvious that the Defendant was able to brut with the victim's vehicle, and there was no error, and the Defendant committed the crime intentionally with the Defendant's vehicle, which is extremely poor. The Defendant did not seem to deny and reflect the crime during the investigation process, and did not appear at all, but did not go against the Defendant's wrong judgment, and agreed with the victim, etc., that it was disadvantageous to the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and is divided, that is, the first offender, that is, the degree of injury suffered by the victim is not serious, that the victim and the original court have agreed smoothly with the victim, that the victim again submitted a written application for a change in the victim's punishment because the victim did not punish the defendant in one instance.

In full view of the various circumstances as above, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, the sentence imposed by the court below is deemed to be too unreasonable since the sentence imposed by the defendant is too unreasonable. As such, the defendant's argument among the punishment imposed by the court below is reasonable, and the prosecutor's sentencing and warning are without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the decision is rendered again as follows ( insofar as the judgment of the court below is reversed on the grounds of the defendant's appeal, the prosecutor's appeal is dismissed separately.

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