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(영문) 부산지방법원 2015.05.29 2014노4291
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence for four months of imprisonment and eight hours of community service order) is too unreasonable.

2. In light of the fact that the crime of this case was committed against the victims on the ground that the defendant committed an injury to the victims on the ground that he/she resisted him/herself as a matter of membership fee among the Internet carpets members, and that the defendant committed the crime of this case even though he/she had a record of criminal punishment more than 10 times for the same crime, it is necessary to impose strict liability corresponding to it on the defendant.

However, in light of the following factors: (a) the Defendant led to a confession of the instant crime when he was in the trial; (b) the Defendant agreed to have his mistake in depth with the victim F; (c) the Defendant came to an agreement with the victim G in the trial; and (d) further agreed to have reached an agreement with the victim G at the time of the instant crime; (b) the Defendant was injured by the victims at the time of the instant crime; and (c) other various sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, career, character and conduct, environment, motive and background of the crime, method and method of the crime; and (d) the circumstances after the commission of the crime.

Therefore, the defendant's above assertion is justified.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the corresponding column of the judgment below, except for adding “1. Defendant’s oral statement” to “the summary of evidence” as stated in the second sentence of the judgment of the court below, and thus, it is also cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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