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(영문) 의정부지방법원 2019.10.01 2019노1371
상해
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 1.5 million won.

Defendant

B.

Reasons

1. Judgment on Defendant A’s appeal

A. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

B. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court where the sentencing of the first instance does not deviate from the reasonable scope of discretion, since there exists a unique area of the first instance court as to the determination of sentencing.

(2) On July 23, 2015 (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the following circumstances: (a) the lower court imposed a sentence on the Defendant under consideration of the following: (b) the confession of the Defendant; (c) the Defendant has no record of criminal punishment exceeding a fine; (d) the Defendant’s method of assault and injury therefrom; (c) the victim was hospitalized in an emergency room for six days; (d) the victim was unable to reach an agreement with the victim or to recover damage; and (e) the Defendant was under the influence of criminal punishment four times for violent crimes; and (e) other circumstances shown in the records and arguments of the instant case (only if the victim took the first desire to commit the instant crime, compared with the degree of assault against the Defendant by the victim; and (e) the Defendant’s parents took account of the degree of assault against the victim; and (e) the Defendant’s family member suffering from the disease of the victim; and (e) the Defendant’s family member suffering from the Defendant’s injury.

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