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(영문) 서울북부지방법원 2014.02.06 2013노1403
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The victim did not injure the victim only by putting the fluorial belt of the victim of mistake of facts.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below, the defendant's above assertion is without merit, since the defendant can recognize the facts of injuring the victim as stated in the judgment of the court below.

B. In full view of all the sentencing conditions indicated in the records and arguments of the instant case of unfair sentencing, the lower court’s punishment is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following is ruled again after pleading.

Criminal facts

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

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

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

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