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(영문) 창원지방법원 2018.11.20 2018노1436
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s violation of the Punishment of Violences, etc. Act (joint assault) by misunderstanding the facts and misunderstanding the legal principles, the Defendant did not assault the victim with C outside the E office, regardless of fighting with the Defendant and the victim, and did not assault the victim jointly with C.

With regard to the obstruction of the performance of official duties, the defendant did not exercise the force against the police officer, and did not have any intention to interfere with the performance of official duties.

Nevertheless, the lower court found the Defendant guilty of all the facts charged and erred by misapprehending the legal doctrine.

2) The sentence of the lower court (an amount of eight million won) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court also asserted that the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine of the Defendant was similar to the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on this issue in detail under the title “determination of the Defendant and the defense counsel’s assertion”.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable, and the defendant's above assertion by the defendant is without merit.

B. The degree of violence that the Defendant used to determine the unfair sentencing of the Defendant and the prosecutor is significant.

It is difficult to see that there is no damage caused thereby, and that the victim does not want punishment against the defendant by agreement with the victim in the original trial as to joint assault, and that the victim raises three children who are mixed with the victim under economic difficulties due to the person with a disability of grade 6 with delay disability, etc. are favorable to the defendant.

However, the defendant seems to have an attitude to continuously deny the crime of this case and avoid the liability for the crime of this case, and there have been 19 times punishment for all kinds of violent crimes.

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