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(영문) 서울북부지방법원 2014.10.02 2014노907

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. According to the evidence duly adopted and examined by the court below prior to the judgment on the grounds for appeal ex officio, the defendant was sentenced to six months of imprisonment for the crime of interference with business at the Seoul Eastern District Court on April 30, 2014, and then appealed against the judgment of the court of first instance on June 13, 2014, and the above judgment of the court of first instance became final and conclusive by withdrawing it on June 13, 2014. As such, the crime of interference with business for which the judgment became final and conclusive and the crime of injury in this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity and the case of the latter part of Article 39(1) of the Criminal Act. In this regard, the judgment below

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

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: (a) the first head of the facts charged as stated in the judgment of the court below added "the defendant was sentenced to six months of imprisonment for the crime of interference with business at the Seoul Eastern District Court on April 30, 2014; (b) the judgment became final and conclusive on June 13, 2014; (c) corrected "D" as "F"; and (d) added "the defendant's trial statement at the trial on June 1, 201 to "the summary of the evidence" as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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