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(영문) 서울동부지방법원 2017.04.20 2016노1641
상해등
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 three years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is unfair as it is too unfasible.

2. In light of the fact that the Defendant assaulted a victim who is his father and inflicted an injury, and that the degree of such physical or mental harm is not less severe, and that the Defendant led to an offense, although he led to his confession, he is highly likely to repeat the offense in light of the fact that the Defendant’s act of assaulted the victim who is his father, and that the act of assaulted the victim as his father, and that the victim’s act of assaulted the victim as his father, and that the victim’s act of assaulted the victim.

In addition, considering all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the instant crime, and circumstances after the instant crime, it is recognized that the sentence imposed by the lower court is somewhat uneasible and unfair. Thus, the prosecutor’s above assertion is with merit.

3. In conclusion, the prosecutor's appeal of this case is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in 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. Facts constituting the crime under the relevant provision of the Criminal Act: Articles 40(2), 29 subparag. 1 (a) of the former Child Uniforms Act (wholly amended by Act No. 11002, Aug. 4, 201); Articles 262, 260(1), and 257(1) (a) of the Criminal Act; Articles 71(1)2 and 17 subparag. 3 (a) of the Child Welfare Act; Articles 262, 260(1), and 257(1)3 (a) of the Criminal Act; Articles 71 subparag. 2 and 17 subparag. 3 (a) of the Criminal Act; Articles 3 and 257(1) (a) of the same Act; Articles 3 and 257(4) of the same Act; Articles 71 subparag. 1 and 71(2)7(a) of the Child Uniforms Act; and

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