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(영문) 청주지방법원 2018.04.27 2017노1392
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant does not pay the above fine.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) that the defendant has no choice but to repent, and that the victim wants to be punished by the defendant, etc., the sentence of the court below (1.5 million won in penalty) is too unfeasible and unfair.

2. Determination is a favorable condition that the Defendant has no record of criminal punishment, in addition to one time before and after the 1994 fine, and one time before and after the 1998 suspended sentence.

However, the crime of this case was committed not only by the defendant without the victim's knowledge of the face of a female victim, such as putting the victim's head into the hand floor, but also by using physical force, such as putting the victim's head into the hand floor, putting the victim's head into the hand floor. In addition to the facts charged, the crime of this case was considerably poor in quality of the crime, such as putting the fright on the floor, raising a fear atmosphere, etc. from the victim's point of view. The defendant, who is the creditor of this case at the time of this case, seems to have been punished more by mental shock such as fladation, etc., in that he was frightd with E while committing the crime of this case, and was committed in English with the victim's own crime of this case. The defendant did not have any effort to recover the victim's damage. The defendant was found to have avoided the crime from the investigative agency to the first day of the court below's second day, while recognizing his face on both occasions, and did not reflect the defendant's motive and behavior.

The prosecutor's argument is with merit.

3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is conducted.

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