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(영문) 서울남부지방법원 2021.01.14 2019노2698
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. The fact that the judged female victim seems to suffer considerable mental pain in the future due to the scarcity that left the face, and that it is not agreed with the victim is disadvantageous to the victim.

However, the defendant shows the attitude of recognizing and opposing the crime, and the defendant had a beer and beer with the back of the victim by contingency, and the strike seems to have been injured by the victim, there is no history of crime exceeding a fine, and currently there is no ability to pay the agreed amount requested by the victim, the property status of the defendant seems to have not reached an agreement because it is not sufficient to pay the agreed amount requested by the victim, the defendant still has a child in need of the care, and other conditions shown in the records, such as the defendant's age, sexual conduct, motive, circumstance, means and consequence of the crime, etc., the punishment of the court below is heavy, considering the sentencing factors shown in the records, such as the defendant's age, sexual behavior, motive, means and consequence of the crime,

The decision is judged.

Therefore, the defendant's argument of sentencing is justified.

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.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to the relevant column of the judgment of the court below. Thus, they are cited in accordance with Article 369

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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