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(영문) 서울서부지방법원 2019.10.24 2019노619
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Considering that there was an agreement with the victim when the judgment was rendered, the lower court’s punishment is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 266 of the Criminal Act, the choice of imprisonment for a crime;

1. The punishment of this case shall be imposed in consideration of the crime of this case during the period of suspension of execution due to the reason for the crime of interference with business under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the means and methods of violence, and the degree of damage from damage to property, and the punishment shall be determined as ordered in consideration of the agreement with

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