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(영문) 대구지방법원 2019.08.13 2019노69
상해
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 5,00,000 won, and a fine of 3,00,000 won, respectively.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months, 2 years of suspended sentence, 4 months of suspended sentence and 1 year of suspended sentence) that the court below sentenced is too unreasonable.

2. The extent of injury inflicted upon each other after the arrival of the judgment university is significant. In particular, Defendant B’s injury, which caused at least eight weeks of treatment due to Defendant A, appears to have been paid at least KRW 10 million for medical expenses, and since the occurrence of the case, the fact that the other party was removed from the person around the front line in order to eliminate and reflect the case from one another after the occurrence of the case, which is disadvantageous to the Defendants.

However, in the first instance trial, the Defendants expressed their intent not to be punished by the other party when they seriously resisted their mistakes, and expressed their intention of not wanting to be punished by the other party, there is no criminal power as university students, and the emotional dispute that occurred in young pedagogs as a result of the injury. In addition, considering the following factors, the lower court’s punishment is somewhat unreasonable in view of the following: (a) the Defendants’ character and conduct, family relationship, environment, motive, means and consequence of the crime; and (b) various sentencing conditions specified in the records and arguments, including the circumstances after the crime.

Therefore, the defendants' arguments are justified.

3. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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