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(영문) 청주지방법원 2018.10.12 2018노668
특수상해
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The decision of the court below (six months of imprisonment) is too unreasonable in light of the fact that the defendant recognized the crime of this case and reflected against the summary of the grounds for appeal (unfair sentencing).

2. The crime of this case is deemed to have committed an injury by carrying a portable gas siren and plastic chairs, which are dangerous articles, and the crime of this case is not good, and the defendant committed another crime of this case without being aware of it during the suspension of execution, etc., which is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant was committed first against the victimized person; (c) there are circumstances to consider the Defendant’s attack and set up against it; (d) the Defendant agreed smoothly with the injured person; and (c) the Defendant appears to have given an opportunity to reflect to a certain extent through a prison life for more than three months as a result of the instant crime; and (d) other factors of sentencing as indicated in the record and the theory of change, such as the Defendant’s age, sex, sex, environment, family relationship, family environment, circumstances after the commission of the instant crime; and (e) other factors of sentencing, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable.

3. As such, the part of the judgment below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is reversed, and it is decided as follows through a new legal theory.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The conditions of sentencing, prior to the reasons for sentencing under Article 62(1) of the Criminal Act, are as follows.

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