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(영문) 서울북부지방법원 2018.04.13 2017노1641
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the suspended sentence for six months of imprisonment) is deemed to be too uneasible and unfair.

2. Although there are circumstances such as the recovery of damage to the victim, the victim does not want the punishment against the defendant, and the defendant did not have the record of criminal punishment in Korea prior to the instant case, the crime of this case was committed by assaulting the victim in a singing room. The crime of this case was committed by using the kitchen knife (the total length of 33cc, the knife length 21cc), which is a dangerous thing of the defendant, in the head and shoulder of the victim, and using the kitchen knife in the head and shoulder of the victim. At the time of the instant case, the criminal liability is heavy. At the same time, the defendant's friendship, such as G andO, were prevented even without using the kitchen knife at the time of the instant case (the victim appears to have taken the house of G, which is the place of the instant case, along with his/her father's name), the defendant was forced to leave Korea even if he/she was sentenced to imprisonment without prison labor or more, and the defendant's motive and equality in the defendant's family relation, etc.

The prosecutor's above assertion is with merit.

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 it is again decided as follows after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the court below's judgment. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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