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(영문) 서울서부지방법원 2018.02.01 2017노1342
폭행등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for nine months.

Reasons

1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for three months and the second instance court: imprisonment with prison labor for six months) by each court below is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The appeal case against each judgment of the court below was consolidated in the first instance, and since each offense of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal grounds, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 257(1) of the Criminal Act (the point of harm) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have the record of being punished more than twice for the same crime, and each of the crimes of this case was committed even during the repeated crime period due to the same kind of crime, and the degree of injury to the injured victims is not easy, the victims' recovery of damage was not entirely achieved, the defendant's mistake is against the defendant's age, sexual behavior, environment, and the various sentencing conditions shown in the arguments, including the defendant's age, and the circumstances of each crime.

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