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(영문) 서울북부지방법원 2015.01.23 2014노1471
상해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of 300,000 won) is too unreasonable.

2. The crime of this case committed by the Defendant is an unfavorable circumstance to the Defendant that the victim, who had a dispute with the Defendant, tried to out of the part of the victim’s left arms, caused the loss of the victim’s loss, and thus, did not reach an agreement with the victim.

However, in light of the circumstances of this case and the attitude of action, etc., the defendant led to a confession of and against the crime of this case when the defendant was in the trial, and in light of the circumstance of this case and the form of action, etc., it seems that the defendant was in a state of harm by flaging the defendant's body in the hand-top when the defendant deducteds the defendant's body attached to the defendant. The degree of injury suffered by the victim is minor and the degree of injury suffered by the victim's assault is relatively more severe than that of the defendant. The defendant was the 1947 life in 1947 and has no criminal history until the time of this case, and in consideration of the conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and character, environment, motive, means and result of the crime,

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence

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