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(영문) 의정부지방법원 2015.05.20 2014노1705
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

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

2. The crime of this case requires a strict punishment for the Defendant in light of the following: (a) the Defendant committed a serious injury upon the victim’s face at several times, which caused a conflict due to noise between the layers; (b) the nature of the crime is inferior in light of the method of crime and the degree of damage; and (c) the victim wanted to a strict punishment against the Defendant several times because the victim did not agree with the victim.

However, there are some circumstances to consider the circumstances after the crime of this case, such as moving the defendant in multi-family housing in which the crime of this case was committed, the court below deposited 10,000,000 won for the victim, and additionally deposited 5,000,000 won for the victim at the court below, and there is a possibility that the damage exceeding the above deposit money may be recovered in the civil lawsuit filed by the victim against the defendant, and there is no criminal power except for the defendant who has been punished one time due to the crime of violating the Road Traffic Act, and the family members, knife of the defendant, his wife and children (the birth of 2011, 2012) and their parents, and the most difficult confinement of the defendant as the defendant's dependents, including the age, environment, motive and circumstance of the crime, and circumstances after the crime, as well as various circumstances that form the conditions for sentencing as stated in the records, such as the sentencing guidelines for the defendant's major reasons for the suspended execution of sentence, and the general sentencing range of punishment for the defendant's and the main reasons for injury (one-one month or more).

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