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(영문) 수원지방법원 2017.03.22 2017노4
상해
Text

The judgment of the court below is reversed.

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

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. When considering the fact that the defendant again committed each of the crimes of this case during the period of repeated crime due to the same criminal record, strict punishment against the defendant is required, but the defendant has reached an agreement with the victim F in the course of investigation, the defendant has already reached an agreement with the victim F in the course of investigation, the defendant has divided his mistake, and the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the above argument by the defendant 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.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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