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(영문) 인천지방법원 2015.02.11 2014노4140
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant led to the instant crime; and (b) the fact that the Defendant additionally deposited the amount of KRW 5 million from the trial to compensate for damage; and (c) paid or deposited the amount equivalent to KRW 20 million to the victim, etc.

However, the Defendant and the victim are members of the National Assembly of the Republic of Korea early. The Defendant and the victim are members of the National Assembly of the National Assembly of the Republic of Korea. The Defendant, while drunkly drinking at a meeting of the National Assembly of the Republic of Korea on the same day of the instant case, committed the instant crime with heavy injuries, such as double parts, inner part, and inner part, and the closed head thale, which require treatment for about six weeks by unilaterally saving the face of the victim who was born out of the Republic of Korea, by drinking and launching the victim. Despite the fact that there was considerable history of criminal punishment of the same kind of crime, the Defendant committed the instant crime again despite the fact that there was a significant number of history of criminal punishment of the same kind of crime, and the Defendant repeated the instant crime. The victim did not appear to have been subject to punishment for the Defendant, by taking account of the following circumstances: (a) the victim’s physical condition before and after the instant crime was committed, and (b) the Defendant did not suffer from considerable mental harm and behavior before and after the instant crime.

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