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(영문) 의정부지방법원 2017.01.10 2016노2891
특수상해등
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 this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. Determination

A. The circumstances are unfavorable to the Defendant, such as the fact that the injured person intentionally takes part in the vehicle in operation with the vehicle, which is a dangerous object, and that the injured person suffers serious injury requiring medical treatment for about 38 days.

B. However, in light of the fact that the defendant led to the confession and reflect of the crime of this case, the defendant paid KRW 20 million to the victim at the trial of the party, and that the injured person wants to have the prior location of the defendant, and all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, environment, sexual conduct, motive and circumstance of the crime of this case, and the situation before and after the crime, the court below's punishment is too unreasonable.

(c)

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, 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 evidence admitted by the court is identical to the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1), 257 (1) (a point of special injury) and 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for a special injury heavier than that of the punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Judgment on the grounds for sentencing under Article 62(1) of the Criminal Act;

2. See the part of judgment

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