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(영문) 서울동부지방법원 2018.05.11 2017노1864
폭행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three days of detention.

Reasons

1. The grounds for appeal (unfair sentencing) by the lower court (one hundred days of detention) is too unreasonable.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the records, such as the fact that the victim does not want punishment by mutual consent with the victim when the judgment was examined, the lower court’s punishment was neglected and deemed unfair, and thus, the Defendant’s argument of sentencing is with merit.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure

Application of Statutes

1. The relevant legal provisions of the Criminal Act and Article 260(1) of the Criminal Act regarding criminal facts and the selection of punishment (elective detention) include one time a fine of the same kind for the reason of sentencing, including the circumstances and circumstances at the time of the crime, the Defendant’s statement attitude in the process of investigation and public trial, the age, character and conduct environmental family relationship, and the agreement with the victim in the trial.

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