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(영문) 인천지방법원 2018.11.30 2018노2866
특수상해
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. The Defendant agreed with the victim when the judgment was rendered [a favorable circumstances].

The defendant has no previous conviction sentenced to a fine exceeding that of a fine.

The defendant has been able to live in prison for a certain period of time.

[Unfavorable circumstances] The Defendant used violence against the victim without any particular reason.

The injury suffered by the victim is not easy.

In full view of the above circumstances, Defendant’s character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime, and criminal records, etc., the lower court’s punishment is somewhat heavy.

The decision is judged.

3. As 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 is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The scope of sentencing under Article 62(1) of the Criminal Act shall be limited to the applicable sentencing under the law: The sentence of imprisonment with prison labor for six months to five years: The sentence shall be determined as per the order, taking into account various factors in determining the grounds for appeal as above in the part of eight months of imprisonment with prison labor and the suspended sentence for two years;

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