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(영문) 창원지방법원 2017.11.09 2017노2298
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Each of the crimes of this case committed against the defendant is disadvantageous to the defendant, such as that the defendant detained victims or inflicted bodily injury on a dangerous object on the ground that he/she would avoid contact with him/her, and that the crime and circumstances are not less and less than that of the total three victims, and that the agreement with two of the total three victims is not reached.

However, there are extenuating circumstances such as: (a) the Defendant recognized each of the instant crimes when the Defendant was in the trial; (b) agreed with Q Q to the other victims; (c) the Defendant deposited some of the money under the pretext of restoring damage; (d) the Defendant was punished for violence-related crimes; (c) the Defendant did not have any record of criminal punishment; (d) four children (high school students and elementary school students) who should support the Defendant; and (e) the Defendant had the time of reflection while over half of the sentence of the lower court; and (e) the Defendant had the time of reflection while continuing the execution of imprisonment at this point, it would be effective to prevent recidivism.

In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again ruled as follows after pleading. Since the prosecutor's appeal is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Criminal facts

The summary of the facts charged and the evidence admitted by the court as to this case is stated in the judgment below.

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