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(영문) 부산지방법원 2018.04.13 2017노4616
폭행
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by a fine of 500,000 won.

The defendant above.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (one million won penalty) imposed by the court below is too unreasonable.

2. There are circumstances in which the victim did not reach an agreement with the victim.

However, in light of the fact that the defendant recognized the crime of this case, the defendant committed the crime of this case first from the person who was sexually injured, and during that process, the defendant suffered injury that requires medical treatment for about 50 days, the degree of assault by the defendant is not serious compared to the degree of assault by the victim, and the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, equity with the punishment in the same and similar cases, etc., the court below's punishment is recognized as unfair and unfair. Thus, the defendant's punishment of this case is accepted.

3. The part of the judgment below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is again decided as follows, after pleading.

【Inasmuch as the judgment used again against the defendant is the same as the corresponding column of the judgment of the court below, since the criminal facts of the defendant and the summary of the evidence recognized by the court below and the summary of the criminal facts of the defendant and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where "victim G" is deemed "victim B" as the same as the corresponding column of the court below.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentence is determined as per the order, taking into account the various factors of sentencing as stated in the above judgment on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, taking into account the reasons for sentencing.

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