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(영문) 대전지방법원 2017.12.21 2017노3184
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. In light of the type of dangerous articles used by the Defendant for the instant crime, the part of the assault, the degree of injury, etc., it is necessary to punish the Defendant strictly.

However, in full view of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too unfair because it is too unreasonable, in light of the following factors: (a) the defendant has committed a crime; (b) the first offender is the first offender; and (c) the victim and the victim have agreed smoothly with the victim; and (d) other factors such as the defendant's age, sex, environment

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 is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. The sentence shall be determined as ordered by taking into account the various circumstances as seen earlier prior to the reason for sentencing under Article 62(1) of the Criminal Act (restatement of favorable circumstances as seen earlier)

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