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(영문) 부산지방법원 2017.03.30 2017노206
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case, based on the judgment, is deemed to have been committed unilaterally by the Defendant, while under the influence of alcohol, without any particular reason, while appearing in the side of the victim’s vehicle, and there are no circumstances to consider the circumstances leading to the crime, and in light of the fact that, in the course of assault, the victim was injured by the fluoral disease, the fluor’s liability is grave, and the Defendant had the record of being punished for violent crimes, and the circumstances unfavorable

However, in light of the fact that the defendant led to the confession of the crime of this case and reflects the defendant's depth in the course of committing the crime of this case, that the defendant agreed with the victim and the victim did not want the punishment against the defendant, that the family member, etc. of the defendant wanted the defendant's preference, etc., relatively obvious social relationship between the defendant, such as the defendant's age, sex, environment, etc., and other circumstances that are the conditions for sentencing specified in the arguments of this case, the court below's punishment against the defendant against the defendant does not seem to be unfair because it is too uneasible as the prosecutor's assertion, and it is recognized that it is unfair

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the following decision is rendered after pleading. However, as long as the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor'

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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