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(영문) 서울남부지방법원 2014.03.20 2014노190
폭행치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (eight months) of the original judgment is too unreasonable.

2. Reviewing the conditions of sentencing as shown in the records and pleadings, such as the following facts: (a) the Defendant recognized the mistake in the trial; (b) the relationship between the Defendant and the victim; (c) the background leading up to the instant crime; and (d) the victim was not punished for the Defendant; and (c) the Defendant’s mistake during the period of detention for more than two months; and (d) the fact that the Defendant is divided and reflected against the Defendant, the punishment of the lower judgment is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as follows, except for the addition of the "statements of the defendant in this court" to the summary of the evidence, since all of the judgment below are the same as the corresponding columns of the court below, and they are cited as it is in accordance with Article 3

Application of Statutes

1. Articles 262, 260 (1) and 257 (1) of the Criminal Act concerning the crime, the choice of imprisonment with labor

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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