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(영문) 서울동부지방법원 2018.05.25 2018노125
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The reasons for appeal (unfair sentencing) by the lower court (one year and six months of imprisonment) is too unreasonable.

2. In full view of the reasons for sentencing indicated in the argument and the record of the instant case, including the following: (a) the Defendant compensated for the damage in the trial; (b) the victim expressed his intention not to punish; and (c) the victim expressed his intention not to punish; and (d) the Defendant’s punishment without penalty seems to be unfair; and (b) the Defendant’s argument of sentencing is with merit.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure

Application of Statutes

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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