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(영문) 서울남부지방법원 2020.11.26 2019노2442
폭행등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the first instance judgment: the fine of KRW 1 million, and the second instance judgment: the fine of KRW 5 million) is too unreasonable.

2. The appeal case against the judgment of the court below was joined in the judgment of the court below for ex officio judgment. Each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and the sentence should be imposed within the period of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below should be

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is an ex officio reversal ground as above. It is so decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260(1) of the Criminal Act, Article 298 of the Criminal Act and the selection of fines for the crime in question; Article 260(1) of the applicable Act and the selection of punishment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant was punished by a majority of the defendants, and the degree of indecent act is not serious even though he was not prepared by the victims, and the defendant's age, character and conduct, environment, motive, means and result of the instant crime shall be determined as ordered by taking into account all the conditions of sentencing as shown in the pleadings of the instant case.

A judgment of conviction shall be rendered on the facts constituting a crime which is stated to be registered and submitted.

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