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(영문) 서울서부지방법원 2019.06.20 2018노1309
폭행등
Text

The guilty part of the judgment of the court below and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for six months.

(b).

Reasons

1. Of the facts charged against the Defendant, the second court dismissed the prosecution, and sentenced the Defendant guilty as to the non-compliance with and confinement of the dismissal of the prosecution, and only the Defendant appealed from the judgment of the second instance, and the dismissal of the prosecution among the judgment of the second instance became final and conclusive separately.

Therefore, the scope of this court's adjudication is limited to the conviction of the first and second court's judgment.

2. Summary of grounds for appeal;

A. The sentence (two months of imprisonment, one year of suspended execution, one year of probation) sentenced by the first instance court (with respect to the judgment of the first instance court) is too uneased and unreasonable.

B. Defendant (hereinafter “Defendant 1”) misunderstanding of facts as to December 28, 2017, the Defendant did not use violence as described in the facts charged, such as putting the victim’s head or scambling with the victim, etc. on the part of the victim on December 28, 2017. At the time, the victim was in a state of free gathering, and thus, the Defendant cannot be deemed to have detained the victim. Moreover, the victim requested the withdrawal from the police on September 17, 2018 only once after the police officer arrived at the Defendant on the part of September 17, 2018, and there was no request for withdrawal from the police from the police several times before filing a report, such as the facts stated in the judgment of the second instance. 2) Imprisonment (4 months and one year of suspended execution) sentenced by the lower court of unfair sentencing under Article 2 of the Act on the Punishment of Penalties is too unreasonable.

3. In the judgment of the court of ex officio determination, the appeal case regarding the guilty portion among the judgment of the court of first instance and the judgment of the court of second instance against the judgment of the court of second instance was combined. Since each of the offenses listed in the judgment of the court of first instance is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act, the conviction portion among the judgment of the court

4. Of the judgment of the court of second instance regarding the assertion of mistake of facts.

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