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(영문) 대전지방법원 2013.08.13 2013노1054
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

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

2. The judgment is based on the fact that the crime of this case was committed by the defendant while driving a vehicle with the victim while the victim was injured by the victim, and the degree of injury to the victim was not high enough to the extent that the victim was required to be treated for about four weeks, but the defendant does not want the punishment of the defendant. Although the defendant had the same kind of criminal records but has been sentenced twice in the trial, the defendant was sentenced to a minor fine. The defendant is subject to a minor fine, even though there is a minor criminal power, and the defendant seems to have suffered an anti-competitive disorder that shows the apprehension of contingency preparation and need to be continuously treated, the defendant's age, character and behavior, environment, motive, means, and result, etc., the defendant's age, character, and behavior, the criminal act of this case, the motive, means, and the circumstances before and after the crime, etc., the sentence imposed by the court below against the defendant is too unreasonable. Thus, the above argument of the defendant is justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime;

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 on the Suspension of Execution ( normal consideration in favor of the above judgment);

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