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(영문) 서울중앙지방법원 2013.10.16 2013노2899
상해
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by a fine of 300,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. misunderstanding of the gist of the grounds for appeal (the defendant did not inflict an injury on the victim by plucking, plucking, plucking, etc. on the victim F's hand) and unfair sentencing; 2. The judgment of this court

A. According to the evidence duly examined and adopted by the first instance court as to the assertion of mistake of facts, the defendant's allegation that the defendant inflicted an injury on the victim under the circumstances as stated in the first instance court's decision is not acceptable.

B. In full view of the following: (a) there is no criminal power over the Defendant’s assertion of unfair sentencing; (b) there are circumstances that may somewhat be taken into account the motive or background leading to the instant crime due to the victim’s improper or inevitable words and actions; and (c) other various sentencing conditions indicated in the instant pleadings, including the Defendant’s age and violent inclinations, including the Defendant’s ordinary character and behavior, family appearance, the motive and circumstance of the instant crime; (d) the circumstances before and after the instant crime; and (e) the risk of recidivism, etc., a fine of one million won imposed by the first instance

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1)1 of the Criminal Act: (a) The pertinent Act and the choice of a penalty (the choice of a fine) against a crime; (b) Articles 70 and 69(2)1 of the Criminal Act; (c) Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

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