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(영문) 수원지방법원 2014.09.04 2014노3372
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

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

2. In full view of all the circumstances, including the fact that the defendant was unable to agree with the victim, and that the defendant was punished for the same kind of crime several times, etc., it constitutes a reason for unfavorable sentencing. However, in light of the fact that the defendant led to the defendant's confession and reflects against the crime of this case, and that the defendant living in custody for four months in this case, the degree of injury suffered by the victim is relatively minor, and that the defendant was injured by the victim's attack at the time of this case, and that the defendant was injured by the victim's attack, the sentence imposed by the court below is unreasonable.

3. Accordingly, 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 well-grounded.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as stated in each corresponding column of the judgment of the court below, except for the addition of the "1. Defendant's trial statement" to the summary of the evidence of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

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