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(영문) 서울고등법원 2015.02.06 2014노3018
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal: In addition, on October 2, 2014, the prosecutor states that “the scope of appeal” in the “scope of appeal” in the petition of appeal filed by the court below as of October 2, 2014, “the original court interpreted the scope of retaliation crime arbitrarily,” “the grounds for appeal” was erroneous in matters of mistake of facts and misapprehension of legal principles, such as misunderstanding of facts and understanding of facts by using only a part of the statements made by victims and witnesses, etc., which affected the conclusion of the judgment. In addition, the judgment dismissing some of the grounds for appeal, which affected the conclusion of the judgment.”

In addition, in the statement of grounds of appeal dated October 17, 2014, the reasons for appeal as to the dismissal of the prosecution by the court below were stated, and regarding the allegation of unfair sentencing, the court below sentenced the defendant to the punishment of 10 months of imprisonment with prison labor and 2 years of suspended execution as to the allegation of unfair sentencing. However, as seen earlier, it is reasonable that the defendant should be sentenced to a conviction as to the offense of violating special law (refence, etc.), as seen earlier, even though the above part should be excluded and the sentence is determined. Thus, considering that the part of retaliation assault should be found guilty, the above sentence of sentence is too uneasible in light of the criminal liability of the defendant, and it is deemed that there is an illegality of unfair sentencing (section 8). Even if the conclusion of dismissal of the court below's dismissal of the prosecution is maintained, the court did not

However, Article 361-5 subparag. 15 of the Criminal Procedure Act provides that "when there exists any reason to recognize the amount of punishment unreasonable," and Article 155 of the Regulation on Criminal Procedure provides that "the reason for appeal or the reply shall clearly state the reasons for appeal or the contents of the reply in detail." Thus, without stating any other specific reasons, an appeal is simply filed.

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