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(영문) 의정부지방법원 2017.04.19 2016노1940
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

The sentence of the court below (4 months of imprisonment, 1 year of suspended execution, 80 hours of community service) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

It is relatively significant that the victim suffered considerable physical or mental pain due to the crime of this case, and that the victim seems to suffer considerable physical or mental pain due to the crime of this case is disadvantageous to the defendant.

However, in full view of the favorable circumstances such as the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, the court below's punishment is too excessive and unfair, and thus, the defendant's above assertion is justified. The defendant's above assertion is justified. The defendant's defendant's above assertion is justified. It is so long as the defendant's punishment is too too unreasonable. The defendant's judgment is too too unreasonable. The defendant's punishment is justified. The defendant's ground for appeal is with merit. It is so decided as per Disposition by the assent of all participating Justices.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is made after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions set forth prior to the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, which are set forth in the text of the Criminal Procedure Act.

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