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(영문) 서울남부지방법원 2016.12.23 2016노670
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of four million won) imposed by the lower court is too uneased and unreasonable.

2. Considering the fact that the Defendant recognized the instant crime and agreed with the victim, the instant crime is found to have been committed: (a) without any justifiable reason, ① assaulting the victim’s face while getting on and off a taxi; (b) destroyed the bluon earphone while the victim was wearing; and (c) such act was a very dangerous act that may cause a large-scale accident; (c) the Defendant has a total of 29 times criminal punishment; and (d) a large number of violence-related criminals; (b) the Defendant has repeatedly committed a crime by light of the law and order; and (d) the Defendant did not pay the victim KRW 10 on August 2, 2015; and (g) assaulting the victim on November 17, 2015; and (e) paying KRW 35 on February 9, 2016 only the remainder of the instant crime to be paid KRW 300,500,500,500,500,000.

3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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