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(영문) 수원지방법원 2013.07.04 2013노1916
상해
Text

The judgment below

The part, other than the rejection of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The court below's imprisonment (six months) is somewhat inappropriate considering the following: (a) the degree of damage suffered by the victim on the argument of unfair sentencing by the defendant was limited; (b) the defendant committed the crime of this case during the period of the suspension of execution; and (c) the defendant concealed materials such as telephone call during the trial of the court below, and led the trial to serve by public notice; (d) the defendant recognized the crime and reflects the wrongness; and (e) the defendant paid medical expenses to the victim during the trial and paid medical expenses to the victim so that the victim does not want the punishment; and (e) the defendant's age, character, health, health, home environment, circumstances before and after the crime, investigation and trial, etc., and all of the sentencing conditions stated in the records and arguments of this case, such as the defendant'

2. If so, the defendant's appeal is reasonable. Thus, the part of the judgment below excluding the rejection of application for compensation among the court below's decision pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following decision is

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted 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;

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