beta
(영문) 서울북부지방법원 2013.04.18 2013노75

폭행등

Text

All judgment of the court below shall be reversed.

As to each crime of the judgment of the first instance court and the second and third crimes of the judgment of the second instance.

Reasons

1. The summary of the grounds for appeal is too unreasonable.

2. Ex officio determination of this Court decided to combine each appeal case against the judgment of the court below, and the crimes of each of the crimes in the judgment of the court of first instance and the crimes of Articles 2 and 3 in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation 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 recognized by the court are the same as each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Crimes under Article 260(1), 311, 314(1), 136(1), and 257(1) of the Criminal Act concerning facts constituting a crime: Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;