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(영문) 울산지방법원 2020.10.23 2020노614

특수폭행등

Text

All judgment of the court below shall be reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (No. 1: fine of 3 million won, and fine of 300,000 won: fine of 300,000 won) declared by the court below is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

The judgment of the court below against the defendant was sentenced to the first and second cases, and the defendant appealed on the grounds of unfair sentencing, and the above two cases were decided to be consolidated and tried by this court.

However, since each crime recognized by the court of original judgment against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Code, one punishment should be imposed pursuant to Article 38(1) of the Criminal Code, the judgment of the court below cannot be maintained as it is.

3. If so, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of each judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Articles 261 and 260 (1) of the Criminal Act, Article 311 of the Criminal Act and Article 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is examined, and the defendant arbitrarily uses the exercise expenses kept by B as the president of the council of occupants' representatives in relation to the above council of occupants' representatives.