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(영문) 서울동부지방법원 2013.08.23 2013노831
폭력행위등처벌에관한법률위반(상습폭행)등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

provided that this ruling has become final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant ex officio, the lower court ex officio examined the part on the charge of obstruction of business among the criminal facts committed against the Defendant, despite citing the attached Form on the part on the charge of obstruction of business among the criminal facts committed against the Defendant, thereby failing to specify the criminal facts, thereby affecting the conclusion of the judgment. The criminal facts in this part and the remaining criminal facts for which the lower court found the Defendant guilty are all the concurrent criminal facts under the former part of Article 37 of the Criminal Act, and thus, the lower judgment cannot be maintained further

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the entries in each corresponding column of the judgment of the court below except for addition of the attached Form, which are omitted in the judgment of the court below, as shown in the attached Form No. 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime, Article 311 of the Criminal Act, Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 314 (1) of the Criminal Act (the point of habitual assault), Article 314 (1) of the Criminal Act (the point of interference with duties and the choice of

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered factors favorable to the accused);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Matters concerning probation and order to attend a violence treatment program, Article 62-2 of the Criminal Act, probation, etc.;

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