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(영문) 수원지방법원 2014.05.01 2013노5891
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one year of suspended sentence, one year of probation, and 80 hours of community service order) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant recognized his mistake and reflects his depth to prevent recidivism; (b) the defendant committed the crime of this case while fighting the victim who is the wife and the married couple with the victim; (c) while the defendant was at a private protection shelter, the victim who did not receive punishment for the defendant while living together with the defendant in the trial does not want punishment for the defendant; (d) the defendant was punished for the defendant at the same time as the defendant in the trial; and (e) the defendant was punished only once a fine for a different kind of crime; and (e) the defendant was punished for the defendant; and (e) the arguments and all of the sentencing conditions indicated in the records of this case, such as the defendant's age, character, environment, environment, family relationship, motive

3. Accordingly, 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 well-grounded.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the 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 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., grounds for reversal);

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

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