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(영문) 창원지방법원 2017.08.31 2017노1265
상해등
Text

The judgment below

Of course, the guilty portion against the defendant is reversed (except for the dismissal part of the application for compensation).

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: although the defendant committed the crime of this case during the suspension period of the execution of the same kind of crime and the quality of the crime is not good, it is recognized that the defendant has committed the crime of this case during the suspension period of the execution of the sentence, it is not clear that the defendant made a confession of the crime of this case and reflects his depth in the confession of the crime, the injury inflicted on the victim is not a significant part; the injured person does not want the punishment against the defendant in accordance with the victim's agreement at the trial; and the defendant's age, family relation, economic situation, circumstances leading to the crime and motive leading to the crime of this case, and all other matters on the

3. Thus, the defendant's appeal is reasonable, and the part of the judgment below's conviction against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act (excluding the rejection part of the application for compensation), and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 57 of the Criminal Act including the number of days of detention in prison;

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