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(영문) 부산지방법원 2014.11.06 2014노2539
폭행
Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (the fine of 500,000 won) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

The facts charged in the instant case constitute a crime falling under Article 260(1) of the Criminal Act, and constitutes a crime of non-violation of will under Article 260(3) of the same Act, and the written agreement indicating the victim D's intention of not to punish the victim was submitted to the lower court on January 8, 2014, which is the preceding sentence of the lower judgment, is apparent in the record, and the victim also stated that the victim signed and sealed the Defendant at the time of drafting the written

Therefore, even though the public prosecution of this case should be sentenced to a judgment of dismissal of prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the court below sentenced the judgment of conviction.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio, and the judgment below is again decided as follows.

In other words, the summary of the facts charged in this case is as follows: around 22:00 on December 13, 2013, the defendant assaulted the victim D (the age of 51) against his female-friendly E as if he were a female-friendly woman-friendly woman-gu female employee, and it constitutes a crime of non-compliance with opinion. As seen earlier, the victim expressed his intention not to punish the defendant after the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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