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(영문) 의정부지방법원 2017.07.17 2017노1423
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

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

2. The judgment of the defendant is 500cc beer her to inflict an injury on the victims, and the crime is heavy in light of the method of crime, the degree of injury, etc.

The Defendant committed the instant crime while committing another special bodily injury during the period of repeated crime resulting from a drug-related crime and being investigated.

However, in light of the following: (a) the Defendant appears to have led to a confession and misunderstanding during the trial of the party; (b) the victims expressed their intent not to want punishment as a witness at the court of original instance; (c) the Defendant paid a certain amount of money to the victims in the trial of the party; and (d) the background, method and result of the crime; (c) the circumstances after the crime was committed; (d) the equity in the case where a judgment is rendered at the same time as the special injury that became final and conclusive; and (e) the Defendant’s age and sexual behavior, etc., the sentence of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 of the Criminal Act for mitigation of small amount;

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