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(영문) 대전지방법원 2013.09.26 2013노867
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The main point of the grounds for appeal is as follows: imprisonment with prison labor for six months, suspension of execution for two years, probation, and violence therapy for 40 hours, which was declared by the court below, is too uneasible.

2. The judgment is based on the fact that the defendant deposited 6 million won in the court below for the victim and deposited 6 million won in the court below for the victim, and additionally deposited 1 million won in the court below. However, it seems that such deposit falls short of the hospital expenses paid by the victim and it is insufficient for the victim to recover the victim's damage. The victim complained of suffering from hospital expenses and applied for the severe punishment, the victim's injury and degree are not less than that of the victim, the defendant committed the crime in this case even though he had the same criminal records six times, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the sentence imposed by the court below against the defendant is too uneasible, and the prosecutor's above assertion has merit.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration in favor of the above judgment);

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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