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(영문) 춘천지방법원 강릉지원 2015.06.11 2015노199
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

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

2. The fact that the degree of the instant injury was serious is disadvantageous to the Defendant.

However, the judgment of the court below that sentenced the defendant to the punishment is too unreasonable in light of the fact that the defendant has compensated for and agreed on the damage to the victim when it comes to the trial, the defendant has no criminal record exceeding the suspended sentence, and the motive, background, means and result of the crime in this case, the circumstances after the crime in this case, the defendant's age, character and conduct, environment, and all other sentencing conditions as shown in the records and arguments. Thus, the above argument of the

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 is again ruled as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the defendant under the aforementioned paragraph (2));

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;

2. Application of the sentencing criteria [Determination of type] (Determination of type) general injury (general injury): Reduction element - Reduction element - serious injury (whether suspended sentence is suspended or not) - Major witness cause (unlawful cause): In cases where the result of serious injury occurs - Major witness cause (determination of the recommended field): Decision of the recommended area] Basic area of punishment [Scope of Recommendation area] 4 months to 1 year and 6 months

3. The sentence against the defendant shall be determined in accordance with the reasons for sentencing determined in the above paragraph 2 above.

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