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(영문) 창원지방법원 2014.05.15 2014노95
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant committed the crime of this case, when he saw the victim A's face and breast part of his chest and breaking the victim over several times, and faced with stairs and rail, causing about eight weeks of treatment to the victim, such as cutting the bones of the bones of the loss and bones necessary for approximately eight weeks of treatment, and the case is not weak, and the degree of injury of the victim is relatively heavy.

However, in full view of the circumstances that are favorable to the defendant, such as the fact that the defendant confessions and reflects the defendant, and the defendant's crime of this case requires the victim to find the defendant's body E and the cab in the penty operated by his father E, and that there are circumstances that may be considered in the process of setting up against the defendant's injury, such as the left-hand check box requiring about 8 weeks medical treatment, and that it occurred in the process of assaulting E, and that it was occurred in the process of setting up against it. The defendant does not want the defendant's punishment by mutual consent with the victim, and that there is no other means of punishment except for the defendant's one time fine, and there is no other means of punishment, the circumstances and results of the crime of this case, etc., the sentence of the court below is somewhat unreasonable. Thus, the defendant's above assertion is justified.

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 evidence admitted by the court are the same as the corresponding columns 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 Article of the Criminal Act and the choice of punishment for the crime;

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