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(영문) 창원지방법원 2016.05.26 2015노2591
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (3 million won) of the court below is too unreasonable.

2. It is recognized that the judgment can be determined, that the injury suffered by the victim is not less than that of the victim, and that the defendant has been punished with a fine of six times.

However, in full view of the fact that the defendant is against the defendant, the civil conciliation was established between the defendant and the victim at the court below, the majority of the amount pursuant to the conciliation clause was repaid by the defendant to the victim, the circumstances leading to the crime, the defendant's age, career, relationship with the victim, and all other matters concerning the sentencing as shown in the records and arguments of this case, the defendant's argument is reasonable, since it is recognized that the punishment of the court below is unfair because it is unreasonable.

3. The decision 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, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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