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(영문) 수원지방법원 2016.03.16 2015노4470
폭력행위등처벌에관한법률위반(상습폭행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

In the trial of the party, the prosecutor applied the name of the crime against the defendant "Violation of the Punishment of Violences, etc. Act (Habitual assault)" as "Habitual assault", and Articles 264 and 260 (1) of the Criminal Act "Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act" in the applicable law "A person applies for the amendment of a bill of amendment to the contents of each change, and since this court permitted the amendment, the judgment of the court below is no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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 of the Criminal Act and Articles 264 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shows the attitude of the Defendant to recognize and reflect all of the instant crimes.

In addition, the victims do not want punishment, and in particular, they want to release the defendant by taking into account the circumstances in which the livelihood of the victims, who are family members, will fall into serious difficulties due to the detention of the defendant.

On the other hand, the crime of this case is committed habitually as the husband or father, who is a family member to report and protect himself as the father or father, and it is not guilty of such crime.

The defendant is the same crime.

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