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(영문) 서울동부지방법원 2021.03.19 2020노939
폭행등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall be imposed on the defendant.

Reasons

Summary of Reasons for appeal

A. The judgment of the court below that found Defendant (1) guilty of this part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, although the Defendant did not assault the victim or damage property as stated in the facts charged in the judgment of the second instance.

(2) In light of the legal principles, the Defendant suffered from mental illness, such as a mental disorder with a divesive and mental disorder in detail, and a mental disorder with unknown whereabouts at the time of each of the instant crimes, the lower court, which did not reduce the punishment, erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

(3) Illegal sentencing (as to the judgment of the court below), each sentence (as to KRW 1: fine of KRW 3 million, KRW 2: fine of KRW 5 million) sentenced by the court below is too unreasonable.

B. The prosecutor (with respect to the judgment of the court below)’s each sentence sentenced by the court below is too unfasible and unfair.

2. Determination

A. Upon ex officio determination, the first and second trials decided to jointly examine each appeal case against the judgment of the court below. Each of the crimes of the court below against the defendant in the first and second concurrent crimes under the former part of Article 37 of the Criminal Act should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all reversal.

However, despite the above reasons for reversal of authority, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined.

B. The second instance court found the Defendant guilty of this part of the facts charged by integrating the evidence duly adopted and examined by the second instance court, as stated in the facts constituting the crime in the second instance judgment, and found the Defendant guilty of this part of the charges as to the assertion of misunderstanding of the facts. The court below found the Defendant guilty of this part of the charges by taking a photograph of the video taken by capturing the victim E (20 highest 2722.

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