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(영문) 수원지방법원 2020.05.22 2020노1097
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too unreasonable.

2. In full view of the arguments and the reasons for sentencing indicated in the records of the instant case, including the fact that the Defendant made a confession of the entire crime of this case and reflects against the Defendant, and that the victim did not want criminal punishment by mutual consent with the victim during the trial period, and that the victim’s commission of the crime of this case, first of all, there are circumstances to consider the circumstances of the Defendant’s age, social relation, career, environment of criminal administration, etc., the lower court’s punishment seems to be unreasonable, and therefore, the Defendant’s assertion of unfair sentencing is reasonable.

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

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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