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(영문) 전주지방법원 2018.04.19 2018노21

특수상해등

Text

The judgment of the court below is reversed.

Imprisonment with prison labor for the crime No. 1 of the judgment of the defendant, for the crime No. 2 and No. 3 of the judgment.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

According to the records, the defendant was sentenced to a suspended sentence of one year on November 11, 2014 for a violation of the Emergency Medical Service Act at the Jeonju District Court's branch court's branch court's branch court's branch court's order, and the above judgment became final and conclusive on November 19, 2014. Thus, the crime of special injury to victims E and the crime of violation of the Emergency Medical Service Act, which became final and conclusive on November 19, 2014, shall be sentenced to punishment for the above special injury in consideration of equity in the case where the victim's judgment is held simultaneously in accordance with Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act, and since the court below sentenced the above punishment without considering it, the judgment below cannot be maintained as it is.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, after pleading, on the ground that there is a ground for reversal ex officio as seen above.

【Judgment Co., Ltd.】 On November 11, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of the Emergency Medical Service Act in the Jeonju District Court’s Eup branch on the part of November 11, 2014, and the said judgment was finalized on November 19, 2014.

1. On January 9, 2012, the Defendant suffered special injury to the victim E, on the ground that the victim E (45 years of age) asked a salt farm in the course of hunting in order to receive the insurance for the dead case, and arbitrarily handled it, without notifying the Defendant, in the process of receiving the insurance for the dead case, the Defendant inflicted bodily injury on the victim E, putting the victim’s head at once, resulting in the victim’s injury requiring approximately two weeks of medical treatment.

2. The Defendant who suffered special injury to the Victim J is next to the G store located in the F of Jeong-Eup Si around February 19, 2017.