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(영문) 의정부지방법원 2014.03.14 2013노2161
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for five months of imprisonment, and one hundred and twenty hours of community service) declared by the court below is too unreasonable.

2. Although the Defendant had been sentenced to criminal punishment in the past and has been sentenced to punishment for violence among them, in full view of all the circumstances, including the Defendant’s age, character and conduct, the environment, the circumstance and details leading to the instant crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court against the Defendant is too unreasonable, since the Defendant’s above assertion is well-grounded.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for adding “statements in this court” to the summary column of the evidence, all of the judgment below are as stated in each corresponding column of the court below; and (b) such facts are cited as it is in accordance with Article 369

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration favorable to the reasons for reversal);

1. Social service order under Article 62-2 of the Criminal Act;

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