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(영문) 서울북부지방법원 2015.09.17 2015노1169
폭행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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. The judgment of the court below is somewhat unreasonable in light of the following circumstances: although the defendant had a record of punishment of a fine already imposed several times for the same crime as the crime of this case, the defendant committed the crime of this case without being aware of it during the repeated crime period for which 15 months have not passed since the execution of imprisonment was completed due to the crime of interference with business, and the defendant did not receive a letter from the victim due to an agreement with the victim E; however, the defendant was not able to receive a letter due to the erroneous recognition of the mistake; since 2.50,00 won was not prepared due to the situation where the living conditions are very difficult; the damage suffered by the crime of this case is deemed not to be relatively more severe; and the defendant's motive and circumstance leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and behavior, occupation, and family relation, etc. are considered.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the 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 Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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