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(영문) 수원지방법원 2016.07.22 2016노3238
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The judgment that the defendant had a record of being fined as a crime of the same kind, that the victim who passed the road was injured by snow on the face of the victim who was aware of the disaster, and the nature of the crime is not good, and that the defendant did not agree with the victim until the trial is in the trial. However, the defendant's confession of the crime of this case and has been detained for more than two months and has an opportunity to reflect against the victim. On the other hand, the defendant deposited 4 million won for the victim in the trial at the trial of the party, and deposit 4 million won for the victim with social experience and social experience, and the other one who did not have the subject of appraisal in his family environment is considered to have led to the crime of this case, but rather than a sentence, it is necessary to give more opportunity to ask the victim a letter of tolerance and make efforts to recover the damage by himself.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, intelligence and environment, motive, background, means, methods, and consequences of the commission of the crime, the circumstances before and after the commission of the crime, and the relationship of the criminal record, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense counsel’s allegation of the above sentencing has merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime and Article 257 (1) of the Criminal Act of the choice of punishment.

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