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(영문) 창원지방법원 2016.01.28 2015노2886
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The defendant asserts that the reasons for appeal are too unreasonable because of the punishment sentenced by the court below (six months of imprisonment).

2. In light of the fact that the instant crime was committed on August 14, 2013, when the Defendant received a report, and was sentenced to one year of imprisonment due to a violation of the Narcotics Control Act (mariana) on August 14, 2013, and even if the execution of the sentence was completed on June 9, 2014, it was committed for a repeated offense period, it is inevitable to sentence sentence to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake and reflects the Defendant’s mistake; and (b) the fact that the Defendant agreed with the victimized police officer for the first time in the trial; and (c) the Defendant’s age, sexual conduct, environment, motive and background of the offense, means and method of the offense; and (d) the circumstances after the commission of the offense, etc., the sentence imposed by the lower court is deemed unfair and unfair.

3. The defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided again as follows.

[Re-written judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 35 of the Criminal Act for aggravated repeated crimes;

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