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(영문) 수원지방법원 2019.01.11 2018노7089
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The defendant committed each of the crimes of this case repeatedly and repeatedly over several times during the period of repeated crime, which has a large number of criminal records of judgment violence, interference with business, or destruction, is an unfavorable circumstance to the defendant.

On the other hand, the fact that the defendant recognized the errors in this court, and agreed with the victim E and K in the original trial, and the fact that this court agreed with the victim H and C is favorable to the defendant.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is deemed to be too unreasonable, considering all the circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

1. Article 257 of the Criminal Code, Article 257 of the Criminal Code, Article 314 (1) of the Criminal Code, Article 283 (1) of the Criminal Code, Article 283 of the Criminal Code, and the choice of imprisonment for each type of crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing 1 Crimes No. 2 Crimes No. 1 (in the case of general injury) (in the case of general injury), the basic area (4-1-1-6 months) (the scope of recommendation) of category 1 (in the case of general injury) (in the case of general injury), the special mitigation area (1-1 year) (1-1 year), minor injury (1-4) (including serious effort for recovery of damage) or considerable damage is recovered.

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