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(영문) 서울동부지방법원 2015.07.10 2015노460
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the accused has criminal records sentenced to four times a fine for violent crimes.

However, in full view of various circumstances, such as the fact that the defendant commits an error against the victim, the fact that the defendant agreed to be wrong, the fact that the injury is minor, the fact that the defendant has no record of being punished more than the suspension of execution, and the defendant's age, environment, family relationship, etc., the punishment imposed by the court below is too unreasonable.

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

[Discied Judgment] The summary of facts constituting an offense and evidence presented by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and the choice of punishment concerning facts constituting an offense. Article 257 (1) of the Criminal Act (Selection of Punishment of Fines);

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

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