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(영문) 대구지방법원 2014.12.19 2014노1996
상해
Text

The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant committed the crime of this case without being aware of the record of five times (one-year imprisonment, two times a suspended sentence, and two times a fine) as violent crime. However, although the defendant was detained for a certain period of time, and all of the crimes of this case were led to confessions and reflects, despite the aggravation of the economic situation as a basic living recipient, the defendant reached an agreement with the victim in the trial. The scope of the recommended punishment of the Supreme Court's sentencing guidelines for the crime of this case [basic crime: general injury, mitigation element - non-liability of punishment, mitigation area] is one year of imprisonment with prison labor for two months, and other sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, its means and result, etc., the defendant's assertion is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more (the favorable circumstances in the above circumstances);

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