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(영문) 부산지방법원 2016.10.13 2016재노23

상해등

Text

The part of the judgment of the court below as to each of the crimes listed in subparagraphs 1 through 5 shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. According to the progress of the case and the records of this court, the defendant appealed each of the following facts: ① imprisonment with prison labor for a crime set forth in Articles 1 through 5 in Busan District Court Decision 2012Da4427, 2013 Godan2532, Dec. 8, 2013; ② imprisonment with prison labor for a crime set forth in Articles 6 and 7 as stated in the judgment (hereinafter “the judgment of the court of first instance”); ② imprisonment with prison labor for a crime set forth in Articles 2013Da3186, 2014 Godan419, May 1, 2014; ② imprisonment with prison labor for a crime set forth in Article 201 to 14 of the judgment of the court of first instance for new trial (hereinafter “the judgment of the court of second instance”); and ③ imprisonment with prison labor for a crime set forth in Articles 2014Da545, which became final and conclusive for a crime set forth in the judgment for new trial (hereinafter “the judgment of the court of first instance”) and the court of second instance judgment).

Therefore, the scope of this court's adjudication is limited to the part concerning each of the crimes of Articles 1 through 5 of the judgment of the court of first instance for which the decision to commence a retrial becomes final and conclusive.

2. The punishment of the original court (six months of imprisonment) shall be too unreasonable for the part subject to review of the gist of the grounds for appeal by the accused;

3. Ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.