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(영문) 서울동부지방법원 2017.09.15 2017노988
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) and the background leading up to the instant crime, relationship with the victim, etc., the lower court’s imprisonment for 6 months with respect to the Defendant is too unreasonable.

2. In light of the fact that the judgment was examined, a number of criminal offenses were committed against the Defendant, and the crime of this case was committed during the period of repeated crime, it seems inevitable to sentence the Defendant to the punishment.

However, according to the agreement submitted by the injured party at the trial of the party, it seems unfair to maintain the sentence determined by the court below as it is somewhat unreasonable in light of this point, since the injured party received appropriate compensation from the accused and received the defendant's preference.

Therefore, the defendant's argument of sentencing is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Grounds for a new judgment] The criminal facts and summary of evidence against the defendant recognized by this court are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

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

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