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(영문) 부산지방법원 2013.12.20 2013노3293
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

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 (700,000 won of a fine) is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unreasonable sentencing, this paper examined ex officio.

A. Since the crime of assault against the victim C and the crime of assault against the victim D among the facts constituting the crime in the judgment of the court below is in a concurrent crime under the former part of Article 37 of the Criminal Act, the punishment by sentence shall be determined within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act, but the court below erred by omitting the heavy aggravation of concurrent crimes. In this regard, the judgment of the court below was no longer maintained

B. On April 29, 2013, the Defendant was sentenced to four years of imprisonment by the Busan District Court for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and the judgment became final and conclusive on October 25, 2013. The above crime and each of the instant crimes committed by the Defendant, for which the judgment became final and conclusive, are in a concurrent crime relationship under the latter part of Article 37 of the Criminal Act, and the punishment is determined after considering the case to be judged concurrently and equity under Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the sentence. Therefore, the lower judgment is no longer maintained in this respect

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows, after oral argument.

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to four years of imprisonment at the Busan District Court on April 29, 2013 due to a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (Good Offices, etc.), and the judgment became final and conclusive on October 25, 2013," except for adding "1.conet search result" to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below.

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