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(영문) 제주지방법원 2019.01.17 2018노704
상해등
Text

The judgment below

Of the judgment below, the part concerning the crime of injury shall be reversed.

The defendant shall be punished by imprisonment with prison labor for eight months.

Reasons

The gist of the defendant's appeal is that the punishment (8 months of imprisonment with prison labor for the crime of injury in the original judgment and 4 months of imprisonment for the crime of violation of the Road Traffic Act (unlicensed Driving) as stated in the original judgment) of the court below is too unreasonable.

Of the judgment of the court below, regarding the part concerning the crime of injury in the decision of the court below, the defendant did not have the same criminal record, committed a contingent injury in the course of responding to the assault by the victim, agreed with the victim in the trial, and agreed with the victim in the trial, and the victim would not commit such a crime again, and in determining the punishment for the crime of injury, the above crime and the violation of the Road Traffic Act of July 22, 2016 should be considered at the same time when the judgment of the court below becomes final and conclusive, and considering the various circumstances that form the condition for the sentencing in this case, the defendant's allegation of unfair sentencing in this part is justified, since the sentence of eight months imposed on the defendant for the crime of injury is recognized to be unfair because it is recognized that the sentence of eight months imposed on the defendant in the decision of the court below is unreasonable.

However, with respect to the part concerning the crime of violation of the Road Traffic Act (unlicensed Driving) in the judgment of the court below, in full view of the various circumstances, which are the conditions for the sentencing specified in this case, the court below's imprisonment for four months with prison labor sentenced to the defendant for the crime of violation of the Road Traffic Act (Unlicensed Driving) is not recognized as being too unreasonable. Thus, the defendant's assertion

Therefore, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment of the court below concerning the crime of injury in the judgment of the court below shall be reversed, and after pleading, the remaining appeal by the defendant shall be dismissed in accordance with Article 364(4)

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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