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(영문) 서울중앙지방법원 2013.11.08 2013노2600
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 10 months) by the court below is too unreasonable.

2. The judgment of this case is based on the case where the defendant, located in the office of the same story, inflicted an injury on the victim, such as the left-hand side and the mouths of the lower wall, which requires approximately nine weeks of treatment, and the degree of injury on the victim was more severe, but the defendant was found to have made a mistake when he was in the trial. On October 17, 2013, the defendant deposited for the victim more than KRW 10 million than KRW 8 million of the medical expenses paid by him for the victim, and only one criminal defendant was punished, and taking into account the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, circumstances after the crime of this case, sentencing guidelines, etc., and all the sentencing conditions indicated in the records and arguments of this case, such as the sentencing guidelines, are somewhat unreasonable.

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 justified.

[C] The Criminal facts and summary of evidence against the defendant recognized by this court are as stated in each corresponding column of the judgment of the court below, except for adding "the defendant's oral statement" as stated in the summary of evidence, so they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The provision of paragraph (2) of the same Article shall apply to the reasons for sentencing prior to the suspended sentence under Article 62 (1) of the Criminal Act (the favorable circumstances under paragraph (2) above);

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