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(영문) 창원지방법원 2014.10.16 2014노1518
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is too unreasonable as the punishment imposed by the court below (2.5 million won of fine) is too unreasonable.

2. The crime of this case committed in multiple times by the Defendant, who is the main owner of a rest store, thereby causing multiple strings in need of treatment for approximately two weeks.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the Defendant made efforts to recover damage; (c) there was no record of criminal punishment prior to the instant crime; and (d) equity with criminal punishment for other crimes similar to the instant crime; and (c) other various circumstances that are conditions for sentencing, such as the Defendant’s age, character, conduct, intelligence and environment; (b) health conditions and family relationship; (c) motive, background, means, methods, and consequences of the instant crime; and (d) the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Discied Judgment] Summary of facts constituting an offense and evidence recognized by the court and summary of the evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

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