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(영문) 창원지방법원 2020.11.05 2020노1738
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence sentenced by the prosecutor (ten months of imprisonment) is too unhued and unfair.

2. The Defendant, on the victim’s face, sustained an injury in need of medical treatment between approximately 21 days by displaying a knife on the victim’s face.

However, the Defendant recognized the instant crime and is against the Defendant.

The defendant seems to have committed the crime of this case in a drunken manner.

The defendant agreed with the victim, and the victim wanted to take the action against the defendant.

The defendant is aged 69 years of age and has no record of punishment for the same kind of crime.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, content, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by

(An appeal by a prosecutor is without merit and must be dismissed in accordance with Article 364(4) of the Criminal Procedure Act, but the original judgment is reversed, and thus, the dismissal of an appeal is not ordered separately from the disposition of the court below). [The reasons for the judgment of multiple times] Criminal facts and summary of evidence are the same as that of the judgment of the court below, and thus, the summary of facts and evidence recognized by the court is the same as that of the corresponding

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the defendant in the previous case);

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration in favor of the defendant in the front);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The sentencing criteria shall be set.

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