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(영문) 의정부지방법원 2018.02.06 2017노3533
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The Defendant: (a) 2-3 times her head head was left from the victim’s body, which is a dangerous object while drinking the victim D and alcohol; and (b) her two parts of the number of days of treatment were not given to the victim; and (c) the risk of the tool used in committing the crime and the method of the crime is very high.

According to the on-site photographs and the statements of the victim at the time, the victim's head was significantly avoided, and the victim was provided with medical treatment in the emergency room at the hospital, etc., the degree of injury suffered by the victim is not less exceptionally.

The defendant has been punished by imprisonment, suspension of execution, and fine for a crime of the same kind of crime, and has recently been punished in 208 and 2016, and a person was committed before and after a crime of the same kind of crime is also punished by a minor who is a dangerous object, and there seems to be a high risk of preventing similar violent crimes.

On the other hand, the defendant recognized the crime of this case and opposed to the mistake.

The victim did not want to be punished against the defendant for a long time with the knowledge of the defendant, and even in the trial, the victim submitted a written application of the defendant's wife to the defendant.

In 208 and 2016, previous crimes were punished by a fine, and there was no record of punishment in excess of a fine for the last ten years.

In full view of such circumstances and other circumstances as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and all the sentencing conditions as shown in the argument of the case, such as the circumstances after the crime, the punishment imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by the court shall be as follows.

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