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(영문) 수원지방법원 2021.01.21 2020노6374
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Summary of Reasons for appeal

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The defendant and the prosecutor's argument are also examined.

It is recognized that the fact that the defendant recognized the crime of this case and reflects the mistake, that the degree of injury suffered by the victim was not much serious even though the risk of the crime of this case was extremely high, and that the defendant did not have any record of punishment for the same crime in Korea.

However, the crime of this case was committed on the ground that the defendant was excluded from the position of his own use due to the fact that he was the victim, and the head of the victim was taken several times, and caused two strings, etc. which require approximately two weeks of treatment. In light of the motive, circumstance, method, and contents of the crime, etc., the crime was extremely poor and highly heavy, in light of the crime's motive, circumstance, method, and contents, etc., the crime was committed, and the crime was committed, and the victim was highly likely to suffer more severe injury, and no damage was recovered until the trial. The defendant was not able to recover from the victim, and the defendant was released from the country immediately after he was investigated by the prosecutor by the crime of this case, and the defendant was arrested after entering the country only one year, and the defendant's age, sex, environment, act, motive, motive, and consequence of the crime of this case were found to have changed in the punishment of this case.

Therefore, the defendant's argument is without merit, and prosecutor's argument is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] criminal facts and charges.

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