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(영문) 대구지방법원 2020.11.27 2020노104
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The instant crime is an unfavorable circumstance to the Defendant, such as the fact that the Defendant used violence against his spouse for minor reason, and the nature of the crime is not good.

However, in light of the favorable circumstances, such as the fact that the defendant led to the confession of the crime, the victim does not want the punishment of the defendant, the degree of violence used by the defendant, or the degree of injury inflicted on the victim, the defendant does not have any criminal record of criminal punishment in excess of the punishment for the same crime, and other favorable circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions in the records and arguments of this case, such as the circumstances after the crime, etc., the punishment imposed by the court below is unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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