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(영문) 수원지방법원 2014.07.17 2014노839
상해등
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

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (Inductive Undue Practices) Sentencing by the lower court (inductive 4 million won), is too unreasonable.

On May 20, 2010, the Seoul Western District Court sentenced 1.5 million won to a fine of 1.5 million won for the crime, which is the following facts acknowledged by the evidence duly adopted and investigated by the court below and the trial court. On April 19, 2012, the Seoul Western District Court sentenced the defendant to a fine of 1.5 million won for the crime: "In the state of mental disorder and mental disorder caused by stimulative disorder and mental disorder, the defendant interfered with the performance of official duties of a police officer in the state of mental disorder and at the same time caused by stimulative disorder and mental disorder;" "In the state of mental disorder caused by stimulative disorder and mental disorder, the defendant did not clearly assert that the defendant suffered 1.5 years and six months from imprisonment with prison labor for the crime of this case, which was submitted to the Seoul Western District Court on May 25, 2012."

Therefore, the judgment of the court below is without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is in accordance with Article 364 (2) of the Criminal Procedure Act.

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