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(영문) 청주지방법원 2020.10.16 2020노942
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

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

2. The facts of the violation of the Punishment of Violences, etc. Act (joint assault) among each of the crimes of this case are that the Defendant jointly assaulted the victim C with A and it is not good to commit the crime in light of the risk. The violation of the Electronic Financial Transactions Act is that the Defendant transferred the means of access to another person. The means of access is abused for various crimes, such as the operation of the illegal gambling site, illegal private light horse, and Bosinging, and its social harm is serious. The account connected with the means of access that the Defendant actually lent was used for the singing, and the fact that the account connected with the means of access was used for the singinging, etc., the Defendant could have been subject to the disposition of juvenile protection case for the crime, such as fraud, embezzlement of possession

The circumstances are favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflected, that there is an agreement with the victim C of assault in the trial, that there is no record of criminal punishment besides the fine imposed once due to the violation of the Special Act on Insurance Fraud Prevention, and that the family members of the defendant use it to prevent recidivism against the defendant.

In addition, comprehensively taking account of the defendant's age, character and conduct, environment, motive of crime, circumstances after crime, etc., the sentence of the court below is deemed unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

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 appeal is again ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;

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