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(영문) 대전지방법원 2014.10.08 2014노2127
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The judgment of the court below is based on the following circumstances: the defendant suffered injury to the victim on several occasions on the ground that the victim was breathed in the influence of alcohol and the victim was her face and head on several occasions, and the nature of the crime is not good, and the degree of injury is more than 42 days prior to the judgment.

However, considering the facts that the defendant led to the crime of this case and reflects his mistake, that the defendant did not want to punish the defendant, that the defendant did not want to punish the defendant, that the defendant did not have any criminal record of the same kind or suspension of execution, that the defendant appears to have been given an opportunity to know about the degree of punishment through confinement life for about three months, that the defendant has grown in an unstable environment, that economic circumstances are not good, that the defendant must support the defendant, that he had a family member, and that he does not live in good faith, and all other sentencing conditions, such as the defendant's age, character, character, environment, and circumstances after the crime, etc., the defendant's argument of unfair sentencing is somewhat unreasonable. Therefore, the defendant's argument of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 of the Criminal Act:

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