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(영문) 의정부지방법원 2015.12.11 2015노1464
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (one million won of a fine) imposed by the court below is excessively unreasonable.

2. In light of the substance and method of the crime, the crime of injury of this case committed by the Defendant is not less than the nature of the crime in light of the content and method of the crime, the victim’s agreement has not been reached up to now, and the Defendant was punished by a fine on two occasions on or around 2006 due to violence of the same or similar kind of crime, and was charged with assault around 2014, and was charged with a non-prosecution disposition that was non-prosecution disposition that was non-prosecution disposition that was not authorized.

However, in light of the following: (a) the Defendant made a statement that he confessions the instant crime and reflects his mistake in depth; (b) the Defendant deposited 300,000 won in cash for the victim in the trial; (c) the Defendant received mental treatment for a long time; and (d) the Defendant appears not to have sufficient economic conditions as a recipient of basic living security; (b) the degree of injury does not vary; (c) the Defendant’s age, character and conduct, intelligence and environment as shown in the argument in the instant case; (d) balance with the general sentencing in the same or similar case; and (e) the motive and background, means and consequence of the instant crime; and (e) the relationship with the victim, the circumstances after the commission of the crime, criminal records, family relations, health conditions, etc., it is unreasonable to maintain the sentence of the Defendant as it is, and thus, the Defendant’s assertion is reasonable.

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, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is limited to the addition of the “written statement at the trial of the defendant” to the “a summary of the evidence” column in the reasoning of the judgment below.

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