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(영문) 인천지방법원 2015.05.08 2015노684
폭행
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 main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. In full view of the following factors: (a) the nature of the instant crime is not good in light of the details and contents of the instant crime; (b) the Defendant’s history of criminal punishment due to violent crimes; (c) the Defendant’s failure to reach an agreement with the victim; (d) the Defendant led to confession and reflect the instant crime; (c) it is difficult for the Defendant to be under circumstances; and (d) other various sentencing conditions in the records and pleadings, such as the Defendant’s age and happiness environment; and (e) circumstances before and after the instant crime, the lower court’s sentence against

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;

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