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(영문) 서울서부지방법원 2014.09.25 2014노842
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable.

2. The judgment of the court below that sentenced the defendant to a punishment is justifiable in light of the fact that the defendant committed several assaults against the victim and inflicted bodily injury on the victim, and that the victim wants punishment against the defendant for reasons that it is difficult to obtain the judgment.

However, considering various conditions of sentencing such as the defendant's age, character and conduct, environment, motive and circumstance of the crime and circumstances after the crime, the punishment imposed by the court below against the defendant is too unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, except for addition of the defendant's oral statement in the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 257 (1) and 260 (1) of the Criminal Act concerning the facts constituting an offense;

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

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