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(영문) 대전지방법원 2014.11.20 2014노2334
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two months of imprisonment) is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

The crime of this case was committed by the defendant with the flabbage of the victim and with the flabing of the 4-day medical treatment of the victim, and the responsibility for the crime was not less severe, and there was a record of punishment several times for the same crime, and in particular, the crime of this case was committed without being able to do so during the period of suspension of execution due to the same crime, which is disadvantageous to the defendant.

However, considering the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant’s confessions the Defendant to commit the instant crime and reflects the Defendant’s depth; (c) the victim wanted the Defendant’s wife by mutual agreement with the victim; and (d) the Defendant committed the instant crime by contingency while having a dispute with the victim under the influence of alcohol; (b) the degree of injury would be somewhat heavy compared to the tangible force inflicted on the Defendant; (c) it appears that the suspension of execution has become null and void due to the instant crime; and (d) the fact that there seems to be somewhat harsh for the Defendant to additionally return to the Defendant for 1 year and 6 months; and (e) there are family members to support, taking into account all the sentencing conditions, such as the Defendant’s age, character and behavior, environment, the background of the instant crime, and the circumstances before

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

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

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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