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(영문) 인천지방법원 2020.11.13 2020노1166
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

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 (2 million won of fine) is too unreasonable.

2. The Defendant assaulted the victims with self-help in the process of dispute surrounding the status of the representative of the apartment management body, and the fact that the liability for the crime is not weak is an unfavorable condition to the Defendant.

However, at the time of the trial, the defendant shows the attitude of recognizing and opposing the crime of this case, and the victim did not want the punishment against the defendant under the agreement with the victim B, there are some circumstances to consider the background of the crime of this case, and there are no records of punishment for the same crime against the defendant.

In addition, considering the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be too unreasonable, and thus the defendant's above assertion 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.

[Discied reasoning of the judgment below] The criminal facts and the summary of evidence recognized by the court below, and the summary of evidence, are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where the court below changed the "1. The defendant's partial statement" of "1. The defendant's written statement in the court below to "1. The defendant's written statement in the court of the trial" to "the defendant'

Application of Statutes

1. Article 260 (1) of the Criminal Act as to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The grounds for appeal are prior to the sentencing of Article 334(1) of the Criminal Procedure Act.

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