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(영문) 수원지방법원 2015.04.22 2014노4204
폭력행위등처벌에관한법률위반(공동상해)등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) In regard to the judgment of the court of first instance, the Defendant did not assault B in a way that he was aware of the face or she was satisfing the head, such as the facts charged, and did not injure A’s arms and body flag in a way that she was satched.

Nevertheless, since the court below found all of the charges of assault and bodily injury as guilty, the court below erred by misapprehending the facts.

(2) The court below acknowledged the criminal facts of assault against B as stated in the judgment, and added “the defendant had the face of the above defendant B,” which was not stated in the facts charged, which resulted in a substantial disadvantage to the defendant’s exercise of his right of defense.

Therefore, it is illegal that the court below recognized the above criminal facts without going through the amendment process of indictment.

(3) The sentence imposed by the lower court on the Defendant (a fine of KRW 500,00) is too unreasonable.

B. As to the judgment of the court below of the second instance, Articles 22(1)4 and 14-2(1) of the Private Institutes Act, which are the applicable provisions of the charges of violation of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Institutes Act”), are in violation of the principle of equality under the Constitution, the freedom of occupation selection, the principle of excessive prohibition, and the provisions of the Constitution on the economic order of the Republic of Korea, and thus, the Defendant’s act

(2) Even if not, on the basis of an unreasonable sentencing decision, the sentence imposed by the court below on the defendant (the fine of KRW 500,000) is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to hold a joint hearing of each appeal case against the judgment of the court below. The crimes that the judgment of the court below first and second are found guilty of the defendant are concurrent crimes under the former part of Article 37 of the Criminal Code.

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