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(영문) 창원지방법원 2018.03.29 2017노3298
폭행
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The sentence (200,000 won) imposed by the lower court on the summary of the grounds of appeal is too unreasonable.

2. The judgment of the court below is just that the defendant recognized the crime, and that the victim who is not the resident of the apartment of this case was an apartment living together with the victim, and asked the employee of the security room about the posting of the apartment of this case. At the request of the management office staff of the security room, the defendant was working on duty as the management office. The defendant's information about the contents of the notice about the disguised transfer to the victim should be asked to the Dong office, the defendant's information about the contents of the notice about the disguised transfer to the victim was occurred in the process of trying to show the victim to the security room. The violence of this case was merely that the defendant sent the victim's shoulder to the outside of the security room by hand, and the victim did not have any fact that the hospital or treatment was given due to the assault of this case, and it seems that the court below maintained the unfair sentencing of the defendant as it is too unfair considering all the circumstances in this case, including the defendant's age, sexual behavior, motive for the crime, means and result, etc.

3. Thus, the judgment of the court below is reversed as the defendant's appeal is reasonable, and the following judgment is delivered through pleading.

[Re-written judgment] The summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. A fine not exceeding 200,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day converted);

1. Article 59(1) of the Criminal Act of the suspended sentence (the grounds for appeal)

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