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(영문) 인천지방법원 2019.05.16 2019노870
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one hundred months of imprisonment and a fine of three hundred thousand won) is too unreasonable.

2. The judgment is disadvantageous to the defendant that he/she has been punished several times for the same crime.

However, in full view of the degree of assault by the defendant, the value of damaged public goods, the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, the punishment imposed by the court below on the defendant is deemed to be unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

In other words, the facts constituting a crime and the summary of the evidence recognized by the court as stated in the reasoning of the judgment below are the same as stated in each corresponding column of the reasoning of the judgment below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 141(1) of the Criminal Act (the point of damage to public goods, the choice of imprisonment), Article 260(1) of the Criminal Act (the point of violence, the choice of imprisonment), and Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation at government offices and the selection of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order shall be determined as ordered in consideration of the various circumstances as seen earlier.

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