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(영문) 대전지방법원 2020.04.23 2019노3574
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the lower court’s sentencing is deemed unreasonable.

2. The judgment of the defendant exercised violence against the victim who was related to him/her, and intrudes on his/her residence several times against the victim's will. It is recognized that the defendant both led to confession and reflects on his/her crime.

However, in full view of the following factors: (a) the Defendant: (b) threatened the victim with the excessive use of a deadly weapon by threatening the victim’s brupting the victim’s brupt; (c) threatened the victim by sticking the excessive use of the victim’s bruption to the victim; (d) inflicted the victim with the intent to flee; and (e) committed a crime under the requisite and cruel method by destroying the brupt and impairing his dwellings over several times; (c) even before the instant case, even though there were many records of criminal punishment for violent crimes, repeated the instant crime; (d) the victim appears to have been subject to considerable mental shock; (e) the victim was brupted by the Defendant’s severe punishment; and (e) the motive and background of the instant crime; and (e) the circumstances after the crime, etc., the lower court’s punishment against the Defendant is deemed unreasonable by taking into account the overall consideration of the sentencing and equity between all similar sentencing factors and the sentencing factors indicated in the instant argument.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

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