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(영문) 수원지방법원 2016.02.03 2015노6356
상해등
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 sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case committed by the Defendant, while making a dispute with the victim, is injured by the victim, and is arrested as a flagrant offender due to the above bodily injury and thus being investigated by an investigative agency, and the document and signature in the name of another person are forged and used is not good.

However, the defendant recognized the crime of this case and reflects it, and again, he/she is able to lead a life in good faith without committing any error.

In addition, the degree of injury of one victim is not more severe, and the defendant deposited KRW 500,00 for the recovery of damage of the victim in the first instance.

In addition, the defendant has no record of criminal punishment except for the punishment of a fine due to a violation of the Road Traffic Act in 198.

In addition, in full view of the various circumstances, including the defendant's age, sex, environment, details and contents of the crime, and circumstances after the crime, etc., and the sentencing conditions indicated in the previous theory, it is recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

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

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the crime, Article 257(1) of the choice of punishment (the point of injury, the choice of imprisonment with labor), Article 231 of the Criminal Act (the point of presenting private documents, the choice of imprisonment with labor), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation documents, the choice of imprisonment with labor), Article 239(1) of the Criminal Act (the point of signing a private signature) and Article 239 of the Criminal Act.

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