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(영문) 창원지방법원 2017.06.08 2017노830
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

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

2. In full view of all favorable sentencing factors, including the fact that the victim, who was under the suspension of the execution due to the crime of this type, was committed the crime of this case on the ground that he would be bad in terms of his demand for the payment of fees, the victim's old age, etc., but there is a reason for unfavorable sentencing, such as the fact that the defendant led to the confession of the crime and agreement with the victim, the degree of injury was reached at the trial, the degree of injury was not heavy, there was no criminal conviction exceeding the suspension of the execution of the same criminal record or imprisonment, and there was no criminal conviction exceeding 11 week due to the crime of this case, and all other favorable sentencing factors, including the defendant's age, family relation, economic situation, background and motive leading to the crime of this case, and the records and changes in the records of this case, the judgment of the court below is justified and it is therefore justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again 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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