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전주지방법원 2014.12.05 2014노1183
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment of this case is that the crime of this case committed by the defendant, without any particular reason, assaulting the victim who was a female-friendly victim at the defendant's house without any specific reason, and the victim inflicted an injury on the victim by assaulting the victim to drive away from the victim who was frighting away from violence, and the nature and circumstances of the crime are very not good. The victim was under self-harm without separation from the body of the new wall, and the victim was under self-harm at the time. The victim seems to have suffered a very severe mental shock, and the defendant was under punishment three times for violent crimes. In particular, even though the crime of this case was under the suspension of execution due to assault, etc. at the time of the crime of this case, the crime of this case was committed in this case without deliberation, and the defendant was under the period of suspension of execution due to the crime of this case, and the defendant was under punishment after the prosecution was instituted after the crime of this case, and there is no sufficient reason to punish the defendant in light of the circumstances after the crime of this case, or the defendant's mental and physical harm of the defendant.

3. In conclusion, the defendant's appeal is reasonable and therefore Article 364 (6) of the Criminal Procedure Act is applicable.

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