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(영문) 대전지방법원 2018.06.15 2017노2999
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor for one year, a suspended sentence of three years, and a community service order of 160 hours) imposed by the court below is too unreasonable.

2. In this case, it is inevitable to punish the Defendant for a severe punishment on the ground that the Defendant, while disputing with the victim, shouldered the small-scale illness, broken the knive part of the victim's neck, etc., thereby causing the injury to the victim. The nature of the crime is bad, and the Defendant did not receive the knive part.

However, in light of all the sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too unreasonable, and it is recognized that the sentence of the court below is too unreasonable, taking into account all all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence, and circumstances after the crime.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Grounds for the judgment to be used again] Criminal facts and summary of evidence acknowledged by the court is identical to the corresponding column of the judgment of the court below, except for the case where “the defendant’s partial statement” in the summary of evidence is referred to as “the defendant’s trial testimony at the court” as “the defendant’s trial testimony at the court,” and thus, they are cited as it is in accordance with Article 36

Application of Statutes

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

1. Article 53 and Article 55-1-3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. The sentence shall be determined as ordered by taking into account the various circumstances as seen earlier prior to the reason for sentencing under Article 62(1) of the Criminal Act (restatement of favorable circumstances)

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