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(영문) 의정부지방법원 2018.07.09 2018노1404
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced (10 months of imprisonment with prison labor) is too unreasonable.

2. The Defendant committed the instant crime in light of the following: (a) the instant crime was committed by the Defendant at the time of causing injury to the victim; (b) threatening the victim using the kitchen knife, which is a dangerous object; (c) the Defendant had been punished several times in the past; (d) the Defendant was punished by imprisonment with prison labor for one year due to an act of intimidation with lethal weapons in around 2009; (c) the Defendant was punished by a suspended sentence of three years; and (d) the Defendant committed the instant crime even if he had the record of receiving family protective disposition by causing injury to the victim in around 2016; and (e) the degree of injury suffered by the victim is not obvious. In light of

However, in full view of the fact that the defendant's mistake and reflects in depth, the victim's living together with the victim was found to have been smoothly agreed with the victim by paying medical expenses and settling his living together with the victim, and the victim expressed his intention not to want the punishment at the court below, and the fact that the victim desires to dismiss the defendant's preference in the trial at the court below, etc., the defendant's age, sexual behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc. are considered as favorable to the defendant, and other circumstances that are conditions of the argument and the sentencing as shown in the records of this case, it is judged that the punishment imposed by the court below is unfair.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

[Re-written judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Relevant Article of the Criminal Act and Article 257 of the Criminal Act concerning criminal facts.

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