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(영문) 서울중앙지방법원 2014.10.16 2014노985

폭행등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding seven thousand won.

The defendant above.

Reasons

Summary of Grounds for Appeal

The sentence of the judgment of the court below (the first judgment: the fine of KRW 3,00,00, the second judgment: the fine of KRW 1,500,000, the third judgment: the fine of KRW 1,500,000, and the fourth judgment: Imprisonment with prison labor of August and 5: the fifth judgment: the fine of KRW 1,00,000) is too unreasonable.

Judgment

Before the judgment of the court below on the Defendant’s assertion of unfair sentencing regarding the Defendant’s assertion of unfair sentencing, the Defendant filed an appeal against all of the judgment of the court below, and decided to hold concurrent hearings in the trial. Each of the offenses against the Defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as shown 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 applicable to criminal facts;

(a) A point of assault: Article 260 (1) of the Criminal Act;

(b) The point of insult: Article 311 of the Criminal Act;

(c) An occupation of obstruction of performance of official duties: Article 136(1) of the Criminal Act.

1. Selection of punishment;

A. The point of obstruction of performance of official duties and the point of insult on October 23, 2013: The choice of each imprisonment penalty

(b) A point of violence and the rest of insult: Selection of each fine;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;