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(영문) 청주지방법원 2019.10.10 2019노917
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The lower court’s above sentence is too unhued and unreasonable.

2. In light of the nature of the crime and the circumstances of the crime in this case, which repeatedly repeated the crime that spreads dangerous substances to the victim's body, etc., the defendant should be punished corresponding to the above crime in light of not only the nature of the crime and the circumstances, but also the fact that it is difficult to avoid the risk of recidivism in that it committed the above crime without any motive to obtain the victim who does not face food.

However, the defendant, who has no criminal record, has committed a crime in the first place, against his wrong conduct while taking advantage of all the facts of the crime in this case. The victim of the larceny in this case did not want to be punished against the defendant, deposited 6 million won as compensation for damage for the victim of special violence and special injury, and he seems to have been aware that he was under severe punishment. The defendant was under confinement for about four months and was under severe punishment. The defendant was more under confinement than being isolated in society for a long time, and was under the supervision and guidance of probation officers rather than being isolated from society for a long time, and led the defendant to not return to society and avoid re-offending. Considering all the conditions of sentencing as shown in the record, such as age, character, intelligence and environment, motive, means and result of the crime, the motive and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is less and less.

It is judged that it is too unreasonable rather than that.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

If the original judgment is accepted by the defendant's appeal and the original judgment is reversed, the prosecutor's appeal shall not be dismissed separately.

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