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(영문) 서울중앙지방법원 2014.09.19 2014노2684
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of defendant's grounds for appeal: Unfair sentencing;

2. In full view of the following facts: (a) the instant crime of this case, which determined the grounds for appeal, led to the occurrence of “serious injury” to the victim; (b) however, it did not reach an agreement with the victim; (c) on the other hand, the Defendant led to the first instance court, which led to the confession of the instant crime and deposited a total of KRW 11 million for the recovery of damage; (d) the Defendant has no specific penalty power other than twice prior to the fine; and (e) the Defendant’s age, family relationship, economic form, and other various sentencing factors indicated in the instant argument and the record, the sentence of the lower

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Dao-written judgment] The criminal facts and the summary of the evidence recognized by the court below are all the same as the entries in the corresponding column of the judgment below, and thus, they are cited 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 crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

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