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(영문) 부산지방법원 2017.11.23 2017노3383
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The sentence of the court below (the penalty amount of KRW 800,000) against the defendant on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case, based on the judgment, was committed jointly with C by the Defendant, resulting in an injury that requires treatment for about 14 days in consideration of the victim. In light of the content of the crime, the Defendant’s liability for the crime was not somewhat weak, and the circumstances unfavorable to the Defendant are recognized.

However, the court below's punishment against the defendant is too unreasonable if it is taken into account the following circumstances: (a) the defendant made confession of the crime of this case for the first time when he was guilty; (b) the defendant does not want criminal punishment against the defendant; (c) the defendant is waiting for the victim in an inhuman relationship with his wife; (d) the defendant committed the crime of this case contingently while waiting for the victim in an inhuman relationship with his wife; (e) there are circumstances that may be considered; (e) the defendant has no history of punishment for the same kind of crime; and (e) the defendant has no history of punishment for the same kind of crime; and (e) other all other circumstances, which form the conditions for sentencing specified in

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

Criminal facts

The summary of facts and evidence admitted by this court is as follows: (a) the summary of facts and evidence is as stated in the “a summary of the evidence” column of the judgment of the court below, since it is the same as stated in each corresponding column of the judgment of the court below except for adding B,” it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 of the Act on the Selection of Punishment of Violences, etc., Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Penalty fine of 800,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59(1) of the Criminal Act (the Defendant earlier) of the suspended sentence

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