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(영문) 전주지방법원 2018.06.01 2017노1772

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too vague and unfair. (The Defendant asserted that the grounds for appeal submitted within the period for submission of the written reasons for appeal are erroneous, other than the sentencing, in the statement of reasons for appeal, which was submitted within the period for submission of the written reasons for appeal, but the Defendant withdrawn the assertion of mistake as to facts on the fourth trial date of the first instance trial). (2) Prior to the judgment on the grounds for ex officio appeal, prior to the judgment on the grounds for appeal, the Defendant examined ex officio prior to the judgment on the grounds for appeal by the prosecutor, and the portion of “ around 04:0 on May 4, 2017” of the first instance of the charges, “ around 04:0 on June 4, 2017,” and “ around 4-5 (4)-5 (4)-5 (4) weeks in order to make it difficult for the court to grant permission, thereby making it impossible for the court to modify the same.”

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

【Grounds for the judgment in its entirety] The summary of facts constituting a crime and evidence recognized by this court is as follows: (a) the sentence 2-2 of the judgment of the court below is as follows: (b) the phrase “ around 04:00 on June 4, 2017”; and (c) the phrase “non-alleys and sprinks, etc. which require approximately 4 weeks of treatment” of the 4-5 conduct is as indicated in each corresponding column of the judgment of the court below, except for the following changes: (a) “non-alleys and sprinks, etc. which require treatment for about 4 weeks; and (b) the body of the facts constituting a crime and evidence admitted by this court; and (c) the body of the evidence is as is cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is when the defendant has taken the face of the victim by drinking.