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(영문) 부산지방법원 2013.10.24 2013노2572
폭행치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentencing of the lower court (two million won of a fine) is too unlimited and unfair.

2. In light of the following circumstances: (a) the Defendant committed the instant crime as long as the Defendant was released from the court; (b) the Defendant committed the instant crime on several occasions due to violent crimes; and (c) the Defendant committed the instant crime; (b) the Defendant has a history of punishment such as punishment, suspension of execution, and fine; (c) the Defendant is in depth divided the instant crime; and (d) the victim does not want the Defendant’s punishment; (c) the Defendant is a person with intellectual disability 3; (d) the person under the real name of the right eye; and (e) the recipient of basic living security is not adequate economic situation; and (e) other various circumstances, which are conditions for the sentencing specified in the instant records and arguments, such as the motive and background of the instant crime; (e) the circumstances after the crime; (e) the Defendant

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 262 of the Criminal Act and Articles 262 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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