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(영문) 서울서부지방법원 2014.07.21 2014노494

폭행

Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged despite the receipt of a written agreement indicating the victim’s intention not to punish the victim prior to the pronouncement of the lower judgment.

B. The Prosecutor’s sentence (a fine of 4 million won) of the lower court is too unhued and unreasonable.

2. The facts charged in the instant case are the crimes falling under Article 260(1) of the Criminal Act, and the facts presented to the lower court on April 21, 2014, which are the preceding sentence of the lower judgment, are apparent in the record.

Therefore, even though the public prosecution of this case should be sentenced to a judgment of dismissal of prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the court below sentenced the judgment of conviction.

3. According to the conclusion, the judgment of the court below is reversed without examining the grounds for appeal by the prosecutor, and the appeal by the defendant is to be ruled as follows.

The summary of the facts charged in this case is the same as the statement of the facts charged in the judgment of the court below. As seen earlier, the victim expressed his intention not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.