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(영문) 서울중앙지방법원 2016.12.16 2016노3939
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 punishment of imprisonment of the first instance (eight months of imprisonment) shall be too unreasonable;

2. Although the degree of injury of the victims of the board of directors is important, the first instance court's punishment is unfair in full view of the following circumstances: (a) the defendant committed a mistake, such as the confession of all crimes in the appellate trial; (b) the defendant agreed with the victim E in the appellate trial; (c) the defendant has long been sentenced to imprisonment without prison labor or more punishment; (d) the defendant has long been sentenced to imprisonment without prison labor or more punishment since 2000; and (e) the records and arguments of this case, including the defendant's age, character, character, environment, family relationship, and circumstances after the crime, etc., are shown in the arguments.

3. If so, the defendant's appeal is reasonable, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[C] Criminal facts and summary of evidence recognized by the court are identical to each corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended sentence;

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