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(영문) 대구지방법원 2019.08.14 2019노1700
특수상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

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

2. The Defendant, in the position of the substantive operator of the company, assaulted, threatened, and forced the victim for a relatively long period of time, and the nature of the crime is not good in light of the circumstances, method, and attitude of the crime.

Due to the above acts of the defendant, the victim seems to have suffered a considerable mental shock.

The victim did not reach an agreement with the victim, and the victim still wishes to punish the defendant.

However, in full view of the following circumstances: (a) the Defendant appears to have the attitude of recognizing and opposing the facts charged in the instant case; (b) the Defendant deposited KRW 25 million in the trial for the recovery of damage; and (c) the Defendant did not have any other criminal power, other than twice a fine; and (d) other circumstances that form the conditions for the argument and sentencing specified in the record of the instant case, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense; and (e) the circumstances after the commission of the offense, etc.

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 following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 324(1) of the Criminal Act, Article 283(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Articles 258-2(1) and 257(1) of the Criminal Act, Article 36 of the Criminal Act, Article 36 of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 366 of the Criminal Act concerning the crime;

1. The offense of special injury by the choice of punishment shall be excluded;

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