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(영문) 창원지방법원 2017.12.07 2017노1970
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. However, there are circumstances unfavorable to the defendant, such as the fact that the driver's face, which is a dangerous object of the defendant, has been unloaded by the driver's face of the victim and caused the victim's diversified heat of three weeks, which is not good in quality of the crime, and the part of the victim's bodily injury, has a large number of times of booming on the left side, and serious ples that require sexual surgery thereafter have not remaining mental pain.

However, in light of the fact that the defendant's recognition of and reflects on the crime, that the defendant agreed with the victim, that the defendant has no record of punishment, that there is a family member to support the defendant, that is, the defendant's order of suspension of execution rather than immediately sentenced to punishment, community service and violent treatment lectures, and that giving the defendant an opportunity to provide the defendant with an opportunity by ordering social service and violent treatment lectures, and that it is judged that the defendant's age, environment, sex behavior, circumstances before and after the crime, etc. are an effective measure that can achieve both the maintenance of the defendant's family and the prevention of recidivism, and other various circumstances, which are conditions for sentencing specified in the records and arguments of this case, are considered unfair since the sentence imposed by the court below is too unreasonable.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each of the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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