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(영문) 광주지방법원 2020.02.13 2019노3111
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment is subject to four times of punishment for the same violent crime, and one time of which is sentenced to one year of suspended sentence on May 23, 2019, and the fact that the defendant committed the instant crime even though he was under suspended sentence of four months of imprisonment for the same violent crime, is disadvantageous.

On the other hand, the fact that the defendant recognizes and reflects the crime of this case, and that the victims want to leave the defendant's wife by mutual agreement with the victims in the trial is favorable to the defendant.

In addition, the circumstances of the crime of this case, the circumstances after the crime of this case, the age, character and conduct, environment, etc. of the defendant and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Committee.

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury): General injury [Type 1] general injury (including a special person who has been punished): Reduction element: Where a penalty is not imposed (including a serious effort to recover damage) or considerable partial damage is recovered (in the area of recommendation and the scope of recommendation), reduction area, imprisonment with prison labor for two months through October;

(b) Class 2 crime (determination of types of assault) and violent crime [Type 1] general assault [Special Punishment] mitigation element: Where a person is not punished (including a serious effort to recover damage) or a considerable part of damage has been recovered (the area of recommendation and the scope of recommendation), the area of mitigation of punishment, one month to August;

C. Scope of recommendation according to the standards for handling multiple crimes: In full view of two months to one year and two months (one-half of the upper limit of crimes No. 1) of imprisonment, the lower court’s punishment is deemed to be too unreasonable, and the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Judgment which has been written]

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