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(영문) 광주지방법원 2018.02.21 2017노4694
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the nature of the instant crime is not very good, and that the Defendant did not agree with the victim up to the trial of the party, strict punishment against the Defendant is necessary.

However, considering the fact that the defendant's initial crime without any criminal records, which has a depth of his mistake, the defendant deposited some of the money in the court below to recover the victim's damage, and deposited some of the money in the court below for the purpose of restoring the victim's damage, balance in sentencing with the same crime, the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, the sentence of the court below against the defendant is too unreasonable. Thus, the above argument by the defendant is justified, and the prosecutor's above argument is without merit.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of threat of carrying dangerous articles) of the Criminal Act, and the choice of imprisonment for a crime;

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

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