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(영문) 부산지방법원 2016.11.10 2016노1272
상해
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below cannot be said to be excessive to the extent of violence inflicted by the defendant or the degree of injury inflicted by the victim. However, the defendant has been sentenced three times to imprisonment with prison labor for violent crimes, and several times. The crime of this case was committed by the defendant, without any special reason, in light of the circumstances of the crime, contents, etc., that the crime of this case was committed against the husband of the victim and the victim's use of violence; although the victim suffered bodily injury due to the crime of this case, it appears that the defendant did not make any effort to recover from damage until the trial; and other sentencing conditions of the crime of this case, such as the defendant's age, character and behavior, environment, circumstances of the crime of this case, circumstances after the crime of this case, etc., are considered to be unfair, taking into account all of the sentencing conditions as stated in the records and arguments of this case.

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

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by the court is as follows, except for the revision of the suspect examination protocol against the defendant to the "police interrogation protocol against the defendant" in the summary of the evidence, since it is the same as the corresponding column of the judgment of the court below, it is cited as it is in accordance with Article 3

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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