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수원지방법원 2015.10.30 2015노5087

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.


1. The decision of the court below on the gist of the grounds for appeal (three months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the crime of this case was committed by the Defendant as a parking problem; (b) the nature of the crime was committed by assaulting several victims on several occasions; (c) the fact that the Defendant was punished for the same kind of crime; (d) the Defendant was disadvantageous to the Defendant; or (e) the Defendant recognized the crime of this case and agreed in depth; and (e) the victims have reached a unanimous agreement with the victims during the trial; and (e) the victims wanted the Defendant’s wife; and (e) other circumstances that form the condition for sentencing specified in the instant case, such as the Defendant’s age, character, character, environment, family relationship, etc., the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense counsel’s allegation of unfair sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;