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(영문) 서울중앙지방법원 2020.02.14 2019노3979
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a year of imprisonment with prison labor, confiscation) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. The crime of this case is a case of causing bodily injury to the victim's face, hand, arms, etc. using a saw, which is a dangerous object, and the nature of the crime is not weak.

The circumstances after the crime are not good, such as hiding tools for the crime immediately after the crime.

However, the defendant shows his attitude to recognize and reflect all crimes in the trial.

In the trial, the victim does not want the punishment of the defendant in agreement with the victim.

The victim was actually engaged in the same business with the defendant and did not properly report the settlement of corporate tax while operating the company, thereby making it difficult to impose a large amount of comprehensive income tax on the defendant, and there are circumstances to consider the circumstances leading to the crime of this case.

There is no record of punishment in excess of the same kind and fine.

In addition, considering all of the sentencing conditions, such as the defendant's age, character and conduct, environment, motive of the crime, means and method of the crime, and circumstances after the crime, the sentence of the court below against the defendant is too unreasonable.

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal by the prosecutor is without merit, and is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act (Provided, That the decision of the court below is reversed since the defendant's appeal is accepted and the judgment of the court below is reversed, and the defendant's appeal is with merit

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, so the Criminal Procedure Act is applicable.

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