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(영문) 대전지방법원 2017.01.12 2016노2870
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant attempted to knife the victim in knife and inflicted an injury on the victim by driving the vehicle. In light of the circumstances and attitudes of the crime, the crime of this case is very poor, and the Defendant has a record of criminal punishment on several occasions due to the same crime, etc., which is disadvantageous to the Defendant.

However, there are favorable circumstances for the defendant, such as the time when the defendant committed the crime of this case and the fact that the victim did not want the punishment of the defendant by agreement with the victim when the defendant was in the first instance, and when considering the defendant's age, sex, environment, motive, means and consequence of the crime, the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted 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;

2. Article 62 (1) of the Criminal Act (including circumstances favorable to the above), Article 62 (1) of the suspended execution;

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