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(영문) 서울북부지방법원 2020.02.14 2019노2043
폭행등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Of the facts charged, the lower court dismissed the prosecution as to the Defendant’s assault against the Victim B, and sentenced the remainder of the facts charged, and appealed against the Defendant’s conviction. As such, the part dismissing the prosecution was separated and finalized as it is.

Therefore, among the judgment of the court below, only the remaining conviction except the dismissed part shall be included in the scope of the judgment of this court.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor and four months) imposed by the court below is too unreasonable.

3. The Defendant committed each of the instant crimes without being aware of the fact that he/she was punished several times for the same crime, and even during the period of repeated crime.

In light of the contents and frequency of each of the crimes in this case and the criminal records of the defendant's like crime, the violence and the risk of recidivism by the defendant seems to be reasonable, and even considering the absence of the victim who suffered from the injury, detention for a considerable period of time is inevitable for the defendant.

This is disadvantageous to the defendant.

However, the defendant recognizes and reflects the crime.

In the court below's decision, there was an agreement with RR on the crime of causing property damage, and even in the trial, the above victims expressed their intent not to punish the defendant in each court, by mutual agreement with K and K of the crime of causing property damage and assault.

Even though the defendant did not have any tangible force to the victims of each crime of violence, there was no significant result like the injury.

This is the circumstances favorable to the defendant.

Considering the above circumstances comprehensively taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various sentencing conditions as shown in the instant records and arguments, the sentence imposed by the lower court is too vague.

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