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(영문) 대구지방법원 2019.01.11 2018노2810
상해
Text

1. The judgment below is reversed.

2. The defendant shall be punished by a fine of eight million won.

3. The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. It is recognized that the defendant's mistake and reflects his mistake, deposited 3 million won for the victim, and did not have any criminal record.

However, it is also recognized that the defendant has been punished three times, including a suspended sentence due to the same violent crime, and in particular, the period of suspended execution due to the violation of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, and the crime of this case was committed only by a fine of 10 million won on May 24, 2017, which was sentenced to a fine of 10 million won and was not agreed with the victim, the victim was not present on two occasions on the date of the trial, and the victim's injury was serious.

In addition, considering various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence of the court below is deemed to be too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the 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 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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