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(영문) 서울중앙지방법원 2016.07.21 2015노4437
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court below, the prosecutor applied the name of the crime to "special assault" in the "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as stated in the judgment of the court below, and the applicable provisions of the law to "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act" and Article 260 (1) of the Criminal Act, "Article 261 and Article 260 (1) of the Criminal Act" were applied for changes to "Article 260 (1) of the Criminal Act" as stated in the "Article 261 and Article 260 (1) of the Criminal Act. Since this court changed to the subject of the judgment by permitting this, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 261 and 260(1) of the Criminal Act (the point of special violence) and the choice of imprisonment for the crime;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant has been punished four times due to violent crimes, and that there is no agreement with the victims, etc. are disadvantageous to the defendant.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes in this case and reflected, it shall be taken into account, and the age, environment, sex behavior, motive for the crime, and the period before the crime is committed.

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