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(영문) 창원지방법원 2016.06.08 2015노2764

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

1. The judgment below is reversed.

2. The defendant shall be punished by a fine of KRW 10,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The sentence (the imprisonment of six months, the suspended execution of two years, and the community service order of 80 hours) imposed by the court below is too unreasonable.

2. The crime of this case is determined by the Defendant’s crime of this case: (a) the Defendant, while drinking alcohol at the singing room in the operation of the victim, she sees the sound, and (b) the victim, “if she wishes to do so, she shall do so at another place.

For the reason that “the victim’s left-hand snow was flicked one time with his hand, and the victim’s head was flick with his left hand, and the victim’s head was flicked twice by her hand, and the victim’s head was flicked twice by her head, and the victim’s head was flicked twice by her head, and the crime was not good in light of the law and contents of the crime, and the defendant was punished several times due to the same kind of crime.

However, it is advantageous to the fact that the defendant led to the confession of the crime of this case, which reflects his mistake in depth, the victim was present as a witness in the court of the first instance, and the result of the defendant's assault was relatively serious; the defendant did not have any past record of punishment in excess of a fine; the defendant did not have any past record during the last six years; the defendant was able to lead a public service life in good faith for about 20 years; the defendant's work club fee and local residents want to take the preference against the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, various sentencing conditions shown in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. Accordingly, the defendant's appeal is justified.