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(영문) 대전지방법원 2014.01.16 2013노2202
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of three million won) is too unreasonable.

2. The crime of this case is not less severe in light of the number of victims and the degree of damage, and it is recognized that the defendant did not reach an agreement with victims, but the defendant is deemed to have committed considerable severe difficulties, such as the confession of all of the crimes of this case in the trial, the fact that the married couple at the time of the crime of this case and the occurrence of treatment, etc. seems to have been caused by traffic accidents, and there are some circumstances to consider in the process, such as the motive and circumstance of the crime of this case, the fact that the defendant was sentenced to a fine once, the fact that the defendant was sentenced to a fine, and all of the sentencing conditions such as the age, character and conduct, environment, and circumstances after the crime of this case, etc. are considered to be unfair. Thus, the above argument of the defendant is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except where “the defendant’s partial statement” in the summary of the evidence written in the original judgment is used as “written statement of the defendant,” the same as that of the original judgment; and (b) thus, it is identical to each corresponding column of the original judgment. As such, it is acceptable

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence), Article 314 (1) of the Criminal Act (the point of obstruction of business), and the selection of fines for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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