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(영문) 창원지방법원 2014.12.18 2014노2196
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the court below's imprisonment (two years of suspended sentence and probation in August) is too unreasonable.

2. Each of the instant crimes committed by the Defendant is an unfavorable circumstance to the Defendant, where each of the instant crimes was committed by the Defendant, by inflicting an injury on the victim, by destroying the victim’s property, and by assaulting a public official performing his duties.

However, in full view of the fact that victims E and F do not want the punishment of the defendant, the fact that the defendant needs continuous medical treatment due to a sudden disorder, etc., considering the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the court below's punishment is somewhat inappropriate.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 257(1) of the Criminal Act; Article 366 of the Criminal Act; Article 136(1) of the Criminal Act; Articles 136(1) of the Criminal Act; the choice of imprisonment for a crime;

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

3. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);

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