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(영문) 서울남부지방법원 2016.02.04 2015노1377
폭행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable as the punishment (amounting to five million won) imposed on the defendant is too unreasonable.

2. In full view of all the circumstances, such as the fact that the defendant shows an attitude against the judgment, that the defendant repaid KRW 1 million to the police officer who suffered damage when the defendant was in the first instance, that the defendant has no particular criminal history, and that there is no other criminal history, and that the defendant is a condition for the sentencing of the instant case, such as the background of the instant crime and the circumstances after the crime, it is too unreasonable to maintain the sentence of the court below as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal claiming unfair sentencing is therefore justified, and the judgment below is again ruled as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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