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(영문) 광주지방법원 2016.06.29 2016노1255
상해등
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The sentence against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant, without any particular reason, assaults the victim and inflicted an injury on the victim who resisted the crime, and the nature of the crime was serious, and the Defendant did not agree with the victim until the case is in fact.

On the other hand, the fact that the defendant led to the confession of all crimes in this court and recognized his mistake, the fact that the defendant seems to have caused the crime in this case by contingency, and the defendant has been sentenced to a fine not less than three times, but the most recent punishment has been imposed.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., the punishment of the defendant sentenced by the court below is too unreasonable.

3. In conclusion, the part of the judgment below excluding the rejection of the application for compensation order among the court below's decision pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows (as long as the defendant's appeal is accepted, the prosecutor's appeal shall not be dismissed separately). [The summary of the facts constituting an offense and the evidence acknowledged by the court is as follows (Article 369 of the Criminal Procedure Act). The application of the statutes is as follows:

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 257(1) of the Criminal Act (the point of harm) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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