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(영문) 울산지방법원 2020.08.13 2019노1383

폭행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. After the judgment of the court below was rendered, the defendant divorced from the victim, and the victim expressed his/her intention that he/she does not want to punish the defendant.

Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court and summary of evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The grounds for reversal of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and the grounds for sentencing shall be determined by taking into account the circumstances revealed by the court below in the grounds for sentencing and other various conditions of sentencing, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after