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(영문) 수원지방법원 2018.12.18 2018노6440
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. In full view of the following circumstances: (a) there was an agreement with the victims during the trial of the judgment party; (b) there was no record of the Defendant subject to punishment exceeding the fine; and and (c) other circumstances constituting the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, environment, and the circumstances after the crime, the sentence of the lower court is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for another judgment】 The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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;

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