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(영문) 서울동부지방법원 2013.09.27 2013노881
상해
Text

The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

provided that this ruling has become final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment, and eight hours of community service order) is too unreasonable.

2. Although there are circumstances unfavorable to the defendant, such as the fact that the degree of injury of the victim caused by the instant crime is grave, and that there is no agreement with the victim, the defendant's mistake is recognized, the victim was committed by contingently in the course of responding to the price of the defendant in advance, the defendant has no criminal records of the same kind as the instant case, the defendant's deposit of KRW 10 million for the victim, and the defendant's wife is suffering from the cancer, and other circumstances favorable to the defendant, taking into account the motive and circumstance leading up to the instant crime, the circumstances before and after the instant crime, the defendant's age, character and conduct, the environment, occupation and family relation, etc., and other various circumstances that are conditions for sentencing as shown in the records, the sentence imposed by the court below is somewhat inappropriate.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The substance of the facts charged and the summary of the evidence acknowledged by this court are as shown in the corresponding column of the judgment below, except where the "F" in the summary of the evidence in the judgment below as "E". Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered in favorable circumstances in the preceding);

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