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(영문) 전주지방법원 2013.08.30 2013노677
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of the lower court (eight months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime on the grounds of appeal committed by the Defendant, even though the Defendant had been sentenced to suspended sentence for the same kind of crime in 2007, committed the instant crime repeatedly, in view of the following: (a) the Defendant, at the time of the Victim E, F, and K, inflicted an injury upon the Defendant requiring medical treatment for two to three weeks; (b) damaged the Defendant’s cafeteria and interfered with its business; and (c) insulting the Victim N, a police officer, inflicted an insulting the Defendant’s insult; and (d) the Defendant committed the instant crime repeatedly despite having been sentenced to suspended sentence for the same crime nine times in 207.

However, in full view of the following factors: (a) the Defendant has recognized all of the instant crimes, and is in depth divided; (b) the Defendant’s failure to adapt to the changed environment after the Defendant’s escape appears to be one of the reasons why the Defendant committed the instant crime; (c) the Defendant deposited KRW 500,000 each for the victim I and N in the trial; and (d) the neighbors want to have the Defendant’s preference; and (e) the Defendant’s age, character and conduct, environment, the background, means and consequence leading to the instant crime; and (e) other factors of sentencing as indicated in the instant criminal records, such as the circumstances before and after the instant crime, the lower court’s punishment is too excessive; and thus, (d) the Defendant’s assertion of unfair sentencing is 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 is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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