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(영문) 서울북부지방법원 2019.07.12 2019노709
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The lower court determined: (a) taking account of the degree of violence used by the Defendant and the degree of injury inflicted on the victim; (b) the Defendant was sentenced to several criminal punishments including imprisonment with prison labor by committing a crime of violence, such as the violation of the Punishment of Violences, etc. Act and the crime of injury; and (c) in particular, on December 14, 2017, sentenced three months to imprisonment with prison labor for the crime of injury on or before December 12, 2018; and (d) the said judgment during the period of repeated crime after the execution of the said sentence was completed, which became final and conclusive on April 6, 2018; (b) thus, the completion date of the execution of the sentence by the said judgment is deemed to be April 6, 2018; (c) however, since the date of the instant crime was committed on October 10, 2018, there is no change in the crime among repeated crimes

In addition, considering the fact that there is a high possibility of criticism as to the crime of this case, the defendant is considered to be disadvantageous to the defendant, and the fact that the defendant recognizes the crime of this case and reflects the fact that the victim strongly expresses his intention to challenge the defendant without wanting to punish the defendant, considering the circumstances favorable to the defendant. In addition, the defendant determined the punishment against the defendant for eight months by taking into account the following factors: the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

However, in light of the fact that the victim directly appears in the court of appeal in the court of appeal and appeals against the defendant's intention to seek a preference against this court, and that there is no yet criminal punishment due to domestic violence, the sentence of the court below's decision is too unreasonable, and thus, the defendant's allegation of unfair sentencing is justified.

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

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