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(영문) 부산지방법원 2014.07.24 2014노695
상해등
Text

The judgment below

The part concerning each of the crimes in paragraphs 1-b, 2, and 3 of the judgment shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (2 million won of fine and 6 months of imprisonment with prison labor for the remaining crimes) is too unreasonable.

Judgment

With respect to the crime set forth in paragraph (a) of Article 1 of the judgment, considering the circumstances favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant wanted to take the wife against the defendant by agreement with the victim, and the fact that the defendant has a total of 12 times criminal punishment including the past punished once for the same crime, the sentence imposed by the court below is deemed appropriate.

However, with respect to the remaining crimes, the sentencing of the court below is somewhat inappropriate in view of the following circumstances: (a) the defendant made a confession of all of the crimes in this case; (b) the victim wants to take the preference against the defendant by agreement with the victim; and (c) the motive and background of the crime in this case; (d) the circumstances after the crime in this case; and (e) the defendant’s age, character and conduct, and environment, which are conditions of sentencing specified in the records and arguments in this case

In conclusion, the appeal by the defendant against the crimes in paragraphs (b), (2) and (3) of Article 364 of the Criminal Procedure Act is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (4) of the Criminal Procedure Act, and the defendant's appeal against the crime in paragraph (1) of Article 1 of the judgment below is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

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