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(영문) 대구지방법원 2015.04.23 2014노2177
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty imposed by the court below (three million won of fine) is too large.

2. The judgment of the Defendant appears to have assaulted a victim who does not have any relationship with the Defendant solely on the ground that the victim is bad, and the nature of the crime is not good, and the Defendant has been punished by assaulting another person who does not have any particular reason, as in the instant crime, even around 2012, as in the instant crime, is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects the mistake, and that the degree of violence is relatively minor is favorable to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, background, means and consequence of the crime, and various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, the punishment sentenced by the court below is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and 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 as stated in each corresponding part 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 Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. In full view of the conditions of sentencing prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence is determined as per Disposition.

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