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(영문) 서울서부지방법원 2019.10.10 2019노956

폭행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of two years and six months and a fine of 600,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, fine of 600,000 won and confiscation) is too unreasonable.

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

2. The Defendant not only had been punished more than 10 times due to the crime of injury, intimidation, interference with business, and damage to property, but also committed each of the instant crimes during the period of repeated crime due to the crime of interference with business, etc.

On June 20, 2018, the first trial date of the lower court on the Defendant’s 2018 Highest 1608 case was proceeding on June 20, 2018, and the Defendant repeated the crimes even when the aforementioned trial is pending.

The nature of crimes is very poor when considering the motive of crimes and the risk of crimes, such as threatening the victims by carrying dangerous articles on the ground that they reported to the police, assaulting the victims or destroying the victims' property, etc. without any particular reason.

Until the trial, it was impossible to agree with the victims.

In addition, when comprehensively considering the frequency and frequency of crimes and the methods of crimes, etc., the lower court’s punishment is too unfasible and unfair.

3. Since the appeal by the prosecutor of the conclusion 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 decision is rendered

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. A government office under Article 260(1) of the Criminal Act, Article 369(1), Article 366 of the Criminal Act, Article 314(1) of the Criminal Act, Article 261 and Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 284 and Article 283(1) of the Criminal Act, Article 284 of the Criminal Act, Article 283(1) of the Punishment Act, Article 3(3)1 of the Minor Offenses Act, Article 36 of the Criminal Act, Article 266 of the Criminal Act, Article 284 and Article 283(1) of the Criminal Act, Article 3(3) of the Punishment of Minor Offenses Act,