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(영문) 수원지방법원 2014.08.25 2014노3575
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Although the nature of each of the crimes of this case is extremely poor in light of the circumstances, contents, degree of damage, etc. of each of the crimes of this case, it is recognized that the sentence of the court below is somewhat inappropriate in light of the following factors: (a) the defendant has been detained for a considerable period of time, and the defendant has not re-offending the crime of this case; (b) the agreement with G, the victim of the crime of this case whose nature of the crime of this case was the poor; (c) there was no criminal conviction; (d) the defendant’s age, character and conduct, environment, motive and circumstance leading to the crime of this case; and (e) all of the sentencing conditions specified in the arguments of this case, such as the circumstances after

3. If so, 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 the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is that the facts charged in the judgment of the court below are described in each corresponding column of the judgment of the court below except for the arrest of the police officer “A” by the victim J(38 (38)) of “A,” “B,” and the victim’s dispatch “B,” as stated in the judgment of the court below,” under Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, the choice of punishment for the crime, Article 257(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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