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(영문) 창원지방법원 2017.05.11 2017노679
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: each of the crimes of this case has been committed continuously for about five years against the victim; the crime of this case is very bad in quality; the degree of injury is severe; five previous criminal records are used for violence; the defendant has no criminal records exceeding the suspension of the execution of imprisonment; the defendant has deposited 20 million won for the victim; the court below deposited 20 million won for the victim; the old parents and minor children have reached agreement with the victim; the old parents and minor children have been detained for about five months; the victim has withdrawn the lawsuit of divorce against the defendant; the victim shows his intention to decide; and considering all favorable reasons for sentencing; the defendant's age, family status, economic situation; the circumstances and motive leading to the crime; and other records and changes in the punishment of this case, the defendant's assertion to the court below is justified.

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);

1. The community service order under Article 62-2 of the Criminal Act;

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