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(영문) 대구지방법원 2021.03.24 2021노399
상해등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The instant crime was committed on the ground that the Defendant’s act of intimidation and violence was committed against his spouse on account of a deadly weapon, while committing emotional abuse by verbal abuse, etc. against his or her father and wife, which is not very good, and thus, is disadvantageous to the Defendant.

However, in light of the favorable circumstances, such as the fact that the defendant led to the confession of the crime, the victim does not want the punishment of the defendant, the degree of violence by the defendant, or the degree of injury inflicted on the victim by agreement with the victim, the defendant does not have any record of criminal punishment in excess of the punishment of the same crime, and other favorable circumstances, such as the defendant's age, sex, conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments, such as the records and arguments of this case, are unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions for facts constituting an offense, Articles 257(1) (a) and 284, and 283(1) (a)) of the Criminal Act for the choice of punishment, Article 71(1)2 and Article 17 Subparag. 5 (a) of the Child Welfare Act, Article 366 of the Criminal Act for the selection of punishment, and Articles 366 (a) of the Criminal Act for the selection of imprisonment;

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

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

1. Prior to the reasons for sentencing under Article 62-2 of the Criminal Act, the observation of protection and the community service order are examined.

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