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(영문) 의정부지방법원 2016.03.11 2016노173
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the lower court sentenced the Defendant (six months of imprisonment) is too unreasonable (the Defendant explicitly withdrawn his/her claim for mental and physical weakness on the first trial date). 2. The Defendant’s crime of this case was committed by assaulting a victim without any motive sufficient to be able to understand, and the nature of the crime is not good in light of the circumstance, contents, etc., and the degree of injury suffered by the victim in this case is not relatively somewhat somewhat somewhat somewhat somewhat somewhat less unfavorable to the Defendant.

However, considering the favorable circumstances such as the defendant's attitude to recognize the crime of this case and to reflect the defendant's age, sex behavior, environment, method, circumstance after the crime, circumstance after the crime, and criminal record, etc., the sentence imposed by the court below is somewhat unreasonable in light of the following factors: (a) the defendant committed the crime of this case in a somewhat contingent and contingent manner; (b) the defendant has been detained for at least two months; (c) the defendant has no record of being punished for the same crime; (d) the defendant has no record of being punished for the same crime; and (e) the possibility of improving the defendant's age and the future need to be considered as the early birth of the society of 20 years old; and (e) other favorable conditions of sentencing as indicated in the records and the theory of changes, such as the records of this case.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment 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 applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

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