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(영문) 부산지방법원 2013.12.20 2013노3314
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and four months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant, even though he had had had had been punished several times for the instant crime before committing the instant crime, again, did not cause the nature of the instant crime to be light.

However, in light of the following circumstances: (a) the Defendant made confession of all of the instant crimes when the Defendant was in the trial, and against his mistake during the period of detention for about three months; (b) the Defendant did not have any record of having been sentenced to imprisonment; (c) the Defendant deposited KRW 4,00,000 in the lower court for the victim F; (d) the Defendant deposited KRW 16,00,000 in the lower court for the victim F; and (e) additionally deposited KRW 16,000 in the lower court; (e) the motive and circumstance leading up to the instant crime; (e) the means and method; (f) the circumstances after the instant crime; (c) the Defendant’s age, character and conduct; and (d) other circumstances

3. In conclusion, 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 with merit.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are as follows: 1.1. The defendant's oral statement is added to the summary of the evidence of the court below, and it is identical to the corresponding column of the court below's judgment. Thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 257(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment for a crime, and the choice of a sentence, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A favorable condition among the grounds for reversal under Article 62(1) of the Criminal Act.

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