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(영문) 서울동부지방법원 2013.11.22 2013노1095
상해
Text

The judgment below

The part concerning the accused case shall be reversed.

The punishment of the accused shall be four months by imprisonment.

(b).

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible that the sentence (a fine of KRW 1,000,000) imposed by the court below against the defendant is too unfased.

2. Although there are favorable circumstances for the defendant, such as the fact that the defendant acknowledges his mistake, the degree of injury suffered by the victim is not heavy, and the victim and the defendant agreed smoothly, this case is derived from the delayed payment of wages, the defendant's use of violence against foreign workers in an unstable and vulnerable position, and the quality of such crime is not good. The defendant is disadvantageous to the defendant, taking into account the motive and circumstance leading up to the crime of this case, the circumstances before and after the crime, the defendant's age, character, environment, occupation, family relation, etc., and other circumstances that are conditions of sentencing as shown in the records, such as the defendant's motive and circumstance leading up to the crime of this case, the situation leading up to the crime of this case, the defendant's age, character and behavior, occupation, and family relation, the punishment imposed by the court below is too unreasonable.

3. In conclusion, the prosecutor'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 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 as shown in each corresponding column 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 Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances in the preceding);

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