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(영문) 의정부지방법원 2019.11.22 2019노2679
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The defendant has been sentenced to a suspended sentence of imprisonment with prison labor for violent crimes in 1990.

The crime of this case led to a very high probability of real name of the victim of the crime of this case by suffering injuries, such as the Macean-gu Macean-ro, etc., and the result of the crime is very significant.

However, there are the following favorable circumstances for the defendant.

The defendant recognized the crime of this case and is against the law.

As above, since the defendant was sentenced to a suspended sentence due to the crime of violence in 1990, there has been no record of punishment for the crime of violence until now.

When the defendant is in a trial, the victim has not been punished for the defendant by agreement with the victim.

In light of the sentencing conditions as shown in the argument of this case, including the circumstances favorable to the defendant, the sentence imposed by the court below was changed in the trial, resulting in the change in the sentencing conditions, so it was too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the judgment of the court below, except where the court below's order "Saeong-gu Cheong-gu Cheong-gu Mana-ro Mana-ro Mana-ro Mana-ro," which is not more than 2, 10, 2, 2, 369

Application of Statutes

1. Articles 258-2 (2) and 258 (2) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation is stipulated under Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances in determining the grounds for appeal).

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