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(영문) 서울남부지방법원 2016.06.30 2016노15
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the nature of each of the crimes in this case committed by the public prosecutor is extremely poor, that there is no effort for the defendant to reach an agreement with the victims, it is a question whether the defendant is divided into the truth-finding, that the defendant's previous conviction, such as assault, assault, etc., reaches 19 times, interference with the performance of official duties, and insult, etc., and that the risk of repeating a crime has ever been deteriorated, the sentencing of the court below is too unreasonable.

B. The Defendant is trying to prevent this from repeating that is the last belief.

Shesing alcoholic beverages and trying to live very hotly.

2. Each of the instant crimes committed by the Defendant is very poor.

The defendant committed each of the crimes of this case even though he had been punished for the same kind of crime.

After committing each of the crimes in this case, the Defendant was unable to avoid disturbance by taking a bath at the waiting room of the police station after committing each of the crimes in this case, and the court did not seem to have taken a completely contrary form, such as misunderstanding the victim and raising the possibility of manipulating evidence.

In addition, considering the defendant's age, family relation, sex, career, environment, details and result of the crime, circumstances after the crime, and experience of the same kind of crime, all of the sentencing circumstances shown in the records and arguments of this case, the sentence imposed by the court below is deemed unfair and unfair. Thus, the prosecutor's argument about the sentencing of the defendant is justified, and the defendant's argument about the sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit and the prosecutor'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 it is again decided as follows.

【Grounds for the Judgment of the Court in its entirety] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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