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(영문) 대전지방법원 2021.02.04 2019노3344
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of August 2 and the community service order of 2 years and 80 hours) is deemed to be too uneasible and unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, we examine ex officio each of the facts charged of the instant case’s assault.

The crime of assault shall not be prosecuted against the clearly expressed will of the victim in accordance with Article 260 (3) of the Criminal Act as the crime provided for in Article 260 (1) of the same Act.

According to the records, the victim B is not subject to punishment in any case against a series of damage suffered by her husband (Defendant) on October 22, 2019, which was before the judgment of the court below was rendered.

It is not easy to request the husband (Defendant) to provide a letter by reflecting the fact that the husband requested the husband's wife and fulfilled the agreement smoothly with the injured person.

“The fact that the application was submitted to the effect that it was confirmed (the 190th page of the trial record).

Since a victim of assault had withdrawn his wish to punish the Defendant before the lower judgment was rendered, the lower court dismissed the public prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act regarding each of the instant facts charged.

of the corporation.

Nevertheless, the lower court found the Defendant guilty of each of the assaults, and thus, the part of the lower judgment on each of the assaults should be reversed.

Therefore, the lower court rendered a single sentence in accordance with Article 38(1) of the Criminal Act, since each assault and assault and the remaining guilty part are concurrent crimes under the former part of Article 37 of the Criminal Act, the lower court was unable to maintain the entire judgment.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Grounds for a new judgment] The defendant who committed a crime is not aware of the name of the defendant on August 10, 2013.

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