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(영문) 서울북부지방법원 2017.09.12 2017노1271
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The defendant's records of punishment for multiple violent crimes are disadvantageous to the defendant.

On the other hand, the defendant recognized his criminal act and divided.

The defendant shall pay 2.15 million won to the victim in the trial of the party, and the victim shall not be punished by the defendant in agreement with the victim.

The degree of injury caused by the instant crime is relatively heavy, and detention of the Defendant seems to entail excessive difficulty to the dependent.

In addition, comprehensively taking account of the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, the sentencing of the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered after pleading.

【Grounds for a new judgment】 Facts constituting a crime and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by sentence: Imprisonment for not more than seven years;

2. Determination of sentence: The sentence shall be determined as per the disposition, in consideration of the various sentencing conditions set forth in six months of imprisonment and one year prior to the suspension of execution;

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