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(영문) 대구지방법원 2013.05.23 2013노106
상해등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of 1.5 million won) is too unreasonable.

2. The Defendant was in possession of electronic percussion locks without permission at the time of the instant case, and the victim H did not recover from damage even though the Defendant had been injured for about three weeks of medical treatment.

However, the defendant has no record of criminal punishment, except for punishment imposed once a fine in 1998.

The Defendant committed the instant crime in the course of dispute with the victim, E, F, and G, etc., who had been suffering from driving away from the Defendant, by failing to bear the Defendant’s obligation or child support, and led to the Defendant’s failure to do so. The Defendant committed the instant crime in a contingent manner in the course of dispute by the victim and the victim, and E, F, and G, etc., who had been suffering from driving away the Defendant.

The degree of injury of the victim is relatively minor, and the defendant seems to have suffered the wound in the process of this case.

When the defendant is found to have committed a crime in the past, his depth is divided, and he is in front of the childbirth.

In full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleading, the sentence imposed by the court below is unfair.

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 with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act, Article 71 subparagraph 1 of the Control of Firearms, Swords, Explosives, etc. Act, and Articles 12 (1) of the Control of Firearms, Swords, Explosives, etc., and Selection of fines for the crimes;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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