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(영문) 대구지방법원 2014.12.18 2014노1700
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant does not pay the above fine.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The fact that the defendant had a majority of criminal records of the same kind and did not agree with the victim is disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant repents and reflects the defendant's mistake, the fact that the defendant committed the crime of this case contingently, the degree of injury inflicted on the victim is not much serious, and the defendant complains of economic difficulties as a basic living recipient.

In full view of these circumstances and the conditions of sentencing as shown in the records and arguments, the sentence imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each 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. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions as set forth in the above order shall be determined by comprehensively taking account of the following factors.

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