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(영문) 인천지방법원 2018.10.19 2018노3089
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The Defendant agreed with the victim when the judgment was rendered [a favorable circumstances].

The defendant was the first offender and was committed for a certain period of time to reflect on the life of detention.

[Unfavorable circumstances] The Defendant used violence against the victim without any particular reason.

The degree of injury suffered by the victim is not easy.

In full view of the aforementioned circumstances and the Defendant’s age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, and criminal records, etc., the lower court’s punishment is somewhat heavy.

The decision is judged.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

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

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The sentencing of Article 62(1) of the Criminal Act under the Act on the Suspension of Execution is the scope of applicable sentences under the law: the application of the sentencing guidelines for not more than seven years [the scope of recommended sentences] [the application of the sentencing guidelines [the scope of general injury] to the category 1 (the period from February to October] in the mitigation area (the special mitigation person] [the decision of the sentence where the punishment is not imposed (including a serious effort to recover damage), or considerable damage has been restored: the decision of the sentence: six months in the suspension of execution and the two years in the suspension of execution, taking into account the various sentencing grounds for the above appeal, and the decision of the sentence as ordered.

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