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(영문) 서울중앙지방법원 2013.10.25 2013노3020
상해
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be 500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The fact that there is no record of punishment against the defendant for a similar type of crime, the fact that the defendant agreed with the victim, the fact that the victim and the defendant agreed smoothly, the equity in the case where the judgment was rendered simultaneously with the crime for which the judgment of the court of first instance became final and conclusive, and other factors of sentencing as shown in the argument of this case, including the defendant's age, character and behavior, family character and behavior, the motive and circumstance of the crime, and the circumstances before and after the crime, are considered, it is recognized that the fine of two million

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1)1 of the Criminal Act: (a) the relevant Act and the choice of a punishment for concurrent crimes; (b) the latter part of Article 37 and Article 39(1)1 of the Criminal Act dealing with concurrent crimes; (c) Articles 70 and 69(2)1 of the Criminal Act with respect to detention in a workhouse; and (d) Article 334(1) of the Criminal Procedure Act with respect to provisional payment orders.

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