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(영문) 의정부지방법원 2017.01.13 2016노2862
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 100,000.

The above fine shall not be paid by the defendant.

Reasons

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

2. In full view of the circumstances that are not yet agreed with the victim, which are unfavorable to the defendant, the defendant shows an attitude against the defendant to recognize the crime of this case when the defendant was in the first instance, the degree of assault is relatively heavy, the defendant deposited 10,000 won for the victim in the first instance court, the defendant did not have any other penal force except for the punishment of fines twice for the crime of this type, and other favorable circumstances, such as the defendant's age, sex and behavior, environment, background and method of the crime of this case, circumstances after the crime, and criminal records, etc., and other circumstances that are conditions for sentencing as shown in the records and the theory of changes, the sentence imposed by the court below is somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as follows: (a) except for the addition of “1. Defendant’s oral statement at the trial court” to the summary of the evidence, the same is as the corresponding column of the judgment of the court below; and (b) thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. In the part of the judgment on the grounds of appeal for the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentencing conditions specified in the pleadings of the instant case, including each extenuating circumstance, shall be determined by taking into account the overall circumstances, such as the text.

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