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(영문) 창원지방법원 2013.12.12 2013노1779
상해등
Text

1. The part of the judgment of the court below against Defendant A is reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (the sentencing of the Defendants A: one year of imprisonment; two years of probation; two years of probation; probation; confiscation; additional collection; 40,181,428; Defendant C: imprisonment of six months; two years of probation; probation; and additional collection in 2020,00 won) is too unreasonable.

B. The lower court’s sentencing against the Defendant B and C of the Prosecutor is too unhued and unreasonable.

2. Determination

A. It is recognized that Defendant A had been punished by a fine on several occasions due to a crime related to violence, etc., and that the degree of injury suffered by the victim is not that of the victim.

However, in full view of the following circumstances: (a) Defendant A recognized all of the crimes of this case, thereby infringing on the Defendant A’s mistake; (b) Defendant A did not receive a fine or heavier punishment; (c) Defendant A did not have any record of being punished for committing a crime related to arranging sexual traffic; and (d) Defendant A agreed with the victim of the instant injury at the trial only; and (c) Defendant A agreed with the victim of the instant accident; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence, intelligence and environment, motive, background, means, method, and consequence of the instant crime; and (e) the circumstances before and after the crime; and (c) criminal record relation

B. It is recognized that Defendant B was the actual operator of “G” and Defendant B led to the crime of arranging the instant sexual traffic, and Defendant B had been punished for suspended execution and fine several times due to the crime of violating the Road Traffic Act.

However, in recognition of the crime of this case by Defendant B, there is no record that Defendant B was punished for the same kind of crime, and all the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, etc.

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