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(영문) 대구지방법원 2013.12.05 2013노1734
폭행
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (the fine of 300,000 won) is too unreasonable.

2. The fact that the Defendant denied the instant facts charged to the court below up to the court below’s decision is disadvantageous to the Defendant.

However, in full view of the circumstances that are favorable to the defendant, such as the fact that the damage was not serious due to the instant crime, the injury was inflicted on the defendant due to the instant fighting, the fact that the defendant was recognized as a late crime, the fact that there was no particular criminal power, etc., and other circumstances that were shown in the records and arguments, such as the defendant's age, character and conduct, the environment, the background of the instant crime, the circumstances after the crime, etc., the punishment imposed by the court below is somewhat unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered again.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment 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. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act ( considered as favorable circumstances in the above part);

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