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(영문) 창원지방법원 2015.01.28 2015노26
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 decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case in which the defendant committed the crime of this case is against the victim D and promotional leaflet problem, which the defendant operated a competitor's business establishment, and the defendant suffered an injury to the victim, and it is disadvantageous to the defendant that the degree of damage of the victim is not minor.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) deposited KRW 3 million for the victim D in the trial; (c) deposited for the victim D in the first instance; (d) the Defendant’s family members and prisons want to leave the Defendant’s wife against the Defendant; (b) the Defendant’s age, character and conduct, environment, background, means and consequence of the instant crime; and (c) other circumstances that form the conditions for sentencing specified in the records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act, Article 37 former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders who choose to commit a crime;

1. Article 62 (1) of the Criminal Act;

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