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(영문) 의정부지방법원 2016.05.13 2015노3058
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that the punishment (1.5 million won penalty) imposed by the lower court on the Defendant is too unreasonable and unfair (the Defendant explicitly withdrawn the assertion of mistake as to facts on the first trial date of the first trial of the first instance court). 2. The judgment of the lower court is an unfavorable condition against the Defendant, such as the fact that the Defendant had been punished once as a crime of injury to the victim C prior to the instant case, and that there was no agreement with the victim E.

However, in full view of the favorable circumstances, such as the Defendant’s age, sex, environment, background, method, circumstance after the crime, criminal record, etc., the sentence imposed by the lower court is unreasonable, in light of the following: (a) the degree of assault against the victim C is not serious; (b) the degree of assault against the victim E is relatively minor; (c) the victims and the victims have agreed smoothly with the victim during the trial; and (d) the Defendant was the disabled person of Grade II with hearing impairment; and (e) other circumstances that are conditions for the sentencing of this case, such as the Defendant’s age, sex, environment, background, method, circumstance after the crime, and criminal record.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “1. Part of the Defendant’s legal statement” in the summary of the evidence of the judgment below to “1. The Defendant’s legal statement” is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260(1) of the Criminal Act (the point of violence, the selection of fines) concerning the facts constituting an offense, and Article 257(1) of the Criminal Act (the point of injury and the selection of fines) of the same Act;

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;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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