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(영문) 광주지방법원 2019.08.14 2019노1444
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized knife (No. 1) shall be 1 knife.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the following: (a) the determination was made; (b) the commission of the instant crime was not good; (c) the fear of suffering from the victims and the assessment of damage appears to be very high; and (d) the Defendant had been punished several times of past violent crimes, which are disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes and divided his mistake in depth; and (b) the Defendant agreed with the victims in the trial; and (c) taking into account the Defendant’s age, character and conduct, circumstances after the commission of the instant crime; and (d) the relationship between the Defendant and the victims, etc., the lower court’s punishment appears to be somewhat unreasonable. Therefore, the Defendant’s assertion is reasonable and the Prosecutor’s assertion is without merit.

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 with merit.

(A) Article 369 of the Criminal Procedure Act does not apply to cases where an appeal by a prosecutor is accepted but the decision of the court below is reversed). (Article 369 of the Criminal Procedure Act does not apply to cases where an appeal by a prosecutor is dismissed. (Article 369 of the Criminal Procedure Act applies to cases where facts constituting an offense and summary of evidence are recognized by the court and summary of evidence.)

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury), Articles 261, 260(1) of the Criminal Act, Articles 369(1), 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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