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(영문) 대구지방법원 2014.04.24 2013노3419
상해
Text

The judgment below

The part against the defendant shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal that the court below imposed on the defendant is too unreasonable (a fine of three hundred thousand won).

2. The crime of this case is judged that the defendant assaulted the victim with a stick for mountain use, and the nature of the crime is not good.

However, it is the circumstance favorable to the defendant, such as the fact that the victim first started the trial cost for the defendant, resulting in a contingent crime of this case, and the fact that the defendant is a woman with a disability of the third degree in delay.

In full view of such circumstances as well as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

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. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. Article 59 (1) of the Criminal Act of the suspended sentence (Consideration of conditions favorable to the preceding);

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