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(영문) 서울중앙지방법원 2017.07.14 2017노1349
상해
Text

We reverse the judgment of the first instance court.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The first deliberation sentence (2 years of suspended execution in April, and observation of protection) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. When the Defendant was in doubt, the Defendant recognized all of the instant crimes and divided.

The defendant does not want the punishment of the defendant in consultation with the victim C in the trial of the defendant.

In full view of the circumstances described in the judgment of the court of first instance in the grounds for sentencing, as well as various circumstances, such as the Defendant’s age, sex, intelligence and environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the first instance court seems to be unreasonable.

3. If so, as the defendant's appeal is reasonable, the judgment of the first instance court is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the pleading is followed, and the following is again decided.

【Grounds for a new judgment of the court below] Criminal facts and summary of evidence of the defendant recognized by this court are as stated in the corresponding column of the judgment of the court of first instance except for adding "statements at the court of first instance" to the summary of evidence. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

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

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