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(영문) 서울북부지방법원 2020.10.16 2020노1285
장애인복지법위반등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that from the date of this judgment.

Reasons

The lower court, on the grounds of its reasoning, found the Defendant guilty of each of the crimes in the lower judgment, which committed an ordinary concurrent crime by dismissing a public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act with respect to each of the crimes committed against the victim B and C among the facts charged in the instant case.

Therefore, since only the Defendant appealed on the conviction part of the judgment of the court below on the ground of unreasonable sentencing, and the prosecutor did not appeal, the dismissal part of the public prosecution in question was transferred to the trial along with the conviction part in accordance with the principle of no appeal, but has already been separated from the object of the attack and defense between the parties, and thus, this part cannot be re-determined in the trial.

Therefore, the scope of the judgment of the court shall be limited to the conviction among the judgment below, and the dismissal of the public prosecution shall be subject to the conclusion of the court below, and it shall not be judged separately from the trial.

2. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. The circumstances favorable to the defendant (the fact that the defendant recognized his responsibility for each of the crimes of this case, the victims do not want the punishment of the defendant, and there is no record of criminal punishment exceeding the fine) the unfavorable circumstances (each of the crimes of this case is poor and highly likely to be subject to criticism, and the defendant committed a crime committed on May 14, 2020 when he received a decision to take ad hoc measures from this court due to each of the crimes committed on May 9, 2020, which had the record of being subject to the family protective disposition on several occasions due to suspicions, such as continuing assault and threat, etc. even before the defendant committed the crime of this case), and other factors such as age, character, character, environment, circumstances, how and degree of the crime of this case, method and degree of exercising the tangible force, criminal records, and circumstances after the crime of this case.

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