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(영문) 청주지방법원 2017.12.01 2017노1183
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became 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. We examine the judgment in question, and the Defendant recognized all the facts charged in the instant case, and repented his mistake in depth.

The defendant agreed with the victim in the trial of the court, and the victim wanted to have the defendant's wife.

As the instant case was detained on September 1, 2017 and detained for at least one month until October 17, 2017, the Defendant had sufficient opportunity to return his/her life and to reflect the instant crime.

I seem to appear.

In light of the above circumstances, considering the Defendant’s age, sex, occupation, family relation, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment was 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 reasonable, and the judgment below is reversed and it is ruled again as follows.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 (1) of the Criminal Act and Article 257 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the reasons for reversal) of the suspended sentence shall be determined like the order, in consideration of all the favorable circumstances such as the fact that the defendant is breaking his mistake in depth, the victim does not want the punishment of the defendant, and other factors for sentencing as stipulated under Article 51 of the Criminal Act.

It is so decided as per Disposition for the above reasons.

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