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(영문) 대구지방법원 2013.08.22 2013노295
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The fact that the defendant, without permission, entered the victims' house and appears to have caused a fighting disaster, seems to have occurred, and the defendant's investigation process and attitude that the defendant appears in the original trial are disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant agreed with the victims during the trial, the fact that the defendant suffered the injury due to the fighting in this case, and the fact that the defendant seems to have committed the crime in this case by hearing the problems between the mother and the victims, etc., and all other circumstances shown in the records and arguments, such as the defendant's age, character and behavior, environment, etc., it is determined that the punishment imposed by the court below is somewhat unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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