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(영문) 대구지방법원 2019.09.05 2019노272
특수폭행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, community service, confiscation for 80 hours) imposed by the court below is too unreasonable.

2. The crime of this case was committed in several times on the ground that it is difficult for the defendant to understand the age victims who are merely middle school students, and the crime was committed in light of the object, method and implements of the crime, the circumstances of the crime, etc.

The defendant was unable to receive suspicion from the victim F.

However, the defendant recognized his mistake and opposed to his judgment, and further agreed with the victim E and G parents, and agreed with the other victims except the victim F.

There is no criminal record against the defendant.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, health condition, motive and background of the crime, means and method of the crime, and circumstances after the crime, the punishment sentenced by the court below is deemed unreasonable.

[Discied Reasons for the judgment below] Facts constituting an offense and summary of evidence recognized by this court and summary of evidence are as stated in the corresponding columns of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of fines, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;

1. The sentencing of Article 48(1) of the Criminal Act is to be determined as ordered by taking into account the various circumstances, taking into account prior to the sentencing of the Criminal Act.

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