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(영문) 춘천지방법원 2015.01.07 2014노870
상해등
Text

The judgment below

The remainder, excluding the dismissed part, shall be reversed.

Defendant 20,000,000 won.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The Defendant, without any justifiable reason, went to commit each of the crimes of this case against victims in drinking condition. In addition to each of the crimes of this case, the crime of this case was committed against local residents by drinking alcohol, etc. on several occasions, and the nature of the crime is poor, the Defendant was subject to the disposition of suspending indictment for the three-time injury charges, and the two-time same criminal records, and the Defendant was under the suspension of execution due to the violation of the Road Traffic Act (unlicensed Driving), but without being aware of the fact that he went to each of the crimes of this case, is disadvantageous to the Defendant.

On the other hand, the defendant recognized all of the crimes of this case and is detained for not less than five months, and has been divided in depth at the victims, investigative agencies, and the court below. The victims have agreed to the defendant's wife at the time of the trial, and the defendant has submitted a written application to the court of first instance, and if the defendant has been sentenced to a sentence, the suspension of execution is invalidated until the above execution is declared. In full view of the defendant's motive and background leading up to the crime of this case, circumstances before and after the crime of this case, the defendant's age, character and conduct, and environment, and other various circumstances that are conditions for sentencing as shown in the arguments of this case, it is recognized that the sentence imposed by the court below is too

3. As such, the defendant's appeal is with merit. Thus, the part of the judgment below excluding the dismissal of prosecution among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and it is again decided as follows after pleading.

(However, the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, and thus, the dismissal of the appeal is not ordered separately from the disposition).

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