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(영문) 수원고등법원 2020.11.12 2020노378
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

except that this judgment.

Reasons

1. In this court’s determination of the assertion of unfair sentencing, the defendant expressed his/her intent not to have the defendant expressed his/her intent and the defendant want to be punished on the victim’s side by agreement with the victim.

This is an element of sentencing to be newly considered for the defendant.

In addition, the fact that the defendant confessions the crime of this case and repents his mistake, there are no criminal records of the same kind as the criminal records exceeding the fine, and the fact that the defendant's wife is aged and the defendant's wife wants to leave the place is considered favorable to the defendant.

In addition, in full view of all the factors of sentencing as indicated in the records and arguments of this case, including the character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc. of the defendant, the sentence imposed by the court below is excessively unreasonable even if considering all the factors of sentencing among the various factors of sentencing.

2. The defendant's appeal is with merit, and the judgment of the court below is reversed and it is so decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, it shall be quoted pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 276(1) of the Criminal Act, Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257(1) of the Criminal Act concerning the crime, the choice of a sentence, and the choice of a sentence;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (in case of concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest punishment, referring to the concurrent crimes with

1. Suspension of execution of probation, probation, and social service under Article 62(1) of the Criminal Act (Consideration favorable circumstances);

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