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(영문) 대구지방법원 2017.11.24 2017노3915
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case was committed with the victim who had been involved in a dispute between the victim and the victim, and was inflicted an injury on the victim two times, and the crime was bad, and the degree of the injury the victim sustained is very serious.

However, there are favorable circumstances such as the Defendant’s confession of all the crimes of this case and reflects his mistake, the degree of injury suffered by the victim is heavy, but this was broken by the Defendant’s assault, and the Defendant’s heat was suffered by the glass window, not the direct assault of the Defendant, and the victim did not want the punishment of the Defendant by the direct agreement with the victim in the trial, and there is no record of criminal punishment.

In addition, if all of the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are taken into account, the punishment sentenced by 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, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as 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 for a crime;

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;

1. It is so ordered as per Disposition by taking account of the fact of reversal prior to the reason of sentencing in Articles 70(1) and 69(2) of the Criminal Act, which is prior to the detention in the workhouse.

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