특수폭행등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of 600,000 won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment and fine of 600,000 won) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for the amendment to a bill of indictment ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio, and the Prosecutor applied for the amendment to a bill of indictment in exchange of Articles 5 and 6 of the indictment in 2017 High Court Order 8517. Since this Court permitted this and changed the subject of the judgment,
3. In conclusion, the court below's judgment is reversed in accordance with Article 364 (2) of the Criminal Procedure Act after omitting judgment on the defendant's unfair argument of sentencing, and it is again decided as follows.
[Grounds for the judgment below] Facts constituting a crime and summary of evidence acknowledged by the court and summary of the facts constituting a crime and summary of evidence are facts constituting a crime 2017 High Order 8517 (5) and 6-A
A. On December 15, 2017, the Defendant: (a) at the Y beauty room located in Gamban City X around 14:00 on December 15, 2017, the Defendant refers to the victim D with the large interest of “a sing. sing. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s.)
Baths shall be discarded down.
The plaque shall be discarded.
“The victim was threatened by considering the attitude that the victim seems to have been harming the victim.”
With the exception of changing to “(i) the Punishment of Minor Offenses Act,” “Violation of the Punishment of Minor Offenses Act,” “damage to Public Goods,” “Violation of the Punishment of Minor Offenses Act,” “Violation of the Punishment of Minor Offenses Act,” and “damage to Public Goods, 7.” as stated in each corresponding column of the lower judgment, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Obstruction of relevant legal provisions and the choice of punishment for a crime: Interference with the execution of a deceptive scheme by a public official under Article 314(1) of the Criminal Act: Assault under Article 137 of the Criminal Act (elective of imprisonment): Article 260(1) of the Criminal Act (elective of imprisonment): Article 283(1) of the Criminal Act (elective of imprisonment):