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(영문) 전주지방법원 2016.12.15 2016노1319
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant’s injury inflicted on the victim D is not less severe, that the Defendant has been punished for the same kind of crime, and that there is no room for considering the motive or circumstance leading to the instant crime.

However, in light of the fact that the defendant recognized the crime of this case and reflected against the defendant, that the defendant agreed with the victims during the trial, that the family and branch members of the defendant appear to have a social ties, such as the defendant's age, character and conduct, environment, the circumstances, motive, means and consequence leading to the crime of this case, and the conditions of sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, it is recognized that the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the relevant Act concerning the facts constituting an offense, Article 257 (1) of the multiple-choice Act, Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes)

1. Article 62 (1) of the Criminal Act on probation;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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