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(영문) 서울동부지방법원 2021.02.17 2020노1379
특수폭행등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that from the date of this judgment.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is too unreasonable in light of the following circumstances: (a) the defendant's mistake was recognized for the first time in the judgment; (b) the victims do not want the punishment of the defendant; (c) the defendant does not have any criminal record exceeding the fine; and (d) the defendant's age, sexual conduct, environment; (b) details and details leading to the instant crime; and (c) circumstances leading to the sentencing conditions in the records after the commission of the crime; and (d) the defendant'

3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed and it is again decided as follows through pleading pursuant to Article 364 (6) of the Criminal Procedure Act.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) (a) (a point of special assault and choice of punishment) of the Criminal Act concerning the facts constituting an offense, and Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the grounds for the above reversal);

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Violence) (Special Violence) / [Determination of Type] Violence / [No. 6] / Special Violence / Special Violence / Special / Special Assault / Special Sentencing : In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage has been recovered (the area of recommendation and the scope of recommendation] mitigated area, two months to one year;

B. The second crime (special assault) is a violent crime (a type of determination). The assault crime [Class 6] is a repeated crime and special assault [a person who is subject to special sentencing].

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