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(영문) 서울중앙지방법원 2013.09.11 2013노2591
상해
Text

The remainder of the judgment of the court of first instance, excluding a compensation order, shall be reversed.

a fine of 1,00.

Reasons

1. The summary of the grounds for appeal is unreasonable. 2. The first instance court’s judgment is somewhat unreasonable in light of the following: (a) the Defendant, who is the first offender of this Court’s judgment, is in depth of the mistake; and (b) the motive and background of the instant crime, which may be taken into account somewhat little of the motive and circumstances; and (c) the Defendant’s age, character and conduct, family circumstances, and circumstances before and after the instant crime, etc., which are indicated in the arguments in the instant case.

3. According to the conclusion, since the appeal by the defendant is justifiable, the remaining parts of the judgment of the first instance under Article 364(6) of the Criminal Procedure Act, excluding the order for compensation, are reversed, and it is again decided as follows after pleading.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1)1 of the Criminal Act: (a) The pertinent Act and the choice of a penalty (the choice of a fine) against a crime; (b) Articles 70 and 69(2)1 of the Criminal Act; (c) Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

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