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(영문) 의정부지방법원 2014.11.28 2014노1156
상해
Text

All the judgment below is reversed.

Defendant

A shall be punished by a fine of 1.5 million won, and Defendant B shall be punished by a fine of 1.0 million won.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of 5 million won, the fine of 1.5 million won, the fine of 1.5 million won) is too unreasonable.

2. The Defendants used violence against each other without any special reason. The extent of injury inflicted on each other is not minor, and the Defendants have been subject to criminal punishment due to the same kind of crime committed several times, etc. are disadvantageous reasons for sentencing.

However, in full view of all the circumstances that led to the Defendant’s act of committing the instant case, and the Defendants appeared to be against themselves by mutual compromise in the trial court, and the sentencing conditions indicated in the records, such as the age, character and conduct, environment, occupation, circumstances leading to the instant act of crime and the details thereof, etc., the sentence of the lower court is excessively unreasonable.

Therefore, the defendants' arguments are 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 defendants' appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The grounds for reversal of the sentencing of Article 334(1) of the Criminal Procedure Act for each order of provisional payment are as stated in the grounds for reversal.

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