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(영문) 춘천지방법원 2018.07.06 2017노857

상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for eight months for each crime set forth in the judgment of the first instance.

Reasons

1. Summary of grounds for appeal;

(a) The sentence of the first original adjudication (a) of the Prosecutor (unfair in sentencing) (a prison labor for 8 months, a stay of execution for 2 years, and the observation of protection) is too uncomfortable and unfair;

B. Defendant 1) In the judgment of the second instance court, Defendant 2 did not err by misapprehending the facts, and did not interfere with the business of assault and Z against the 2018 ancient group 78 victims W, and did not inflict any injury on the victim AD in the 2018 upper group 144 case.

2) The punishment of the original decision (one year and six months of imprisonment) on the second instance of sentencing is too unreasonable.

2. In light of the language, legislative intent, etc. of the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet been rendered could not be judged concurrently with a crime for which judgment has already become final and conclusive, the relationship between the latter part of Article 37 of the Criminal Act cannot be established and the relationship between the latter part of Article 39 of the Criminal Act cannot be established, and it is reasonable to interpret that the sentence may not be imposed or the sentence may not be mitigated or exempted in consideration

If several crimes which have not yet been adjudicated are committed before and after the final judgment became final and conclusive, it is said that there was no final and conclusive judgment that the crimes committed before the final and conclusive judgment could not be judged simultaneously with the crimes for which the judgment became final and conclusive, and as such, Article 38 of the Criminal Act cannot be deemed to apply to the crimes committed by concurrent crimes under the former part of Article 37 of the Criminal Act among the several crimes, and as such, Article 38 of the Criminal Act cannot be deemed to apply to the crimes committed before and after the final and conclusive judgment (see Supreme Court Decision 2014Do469, Mar. 27, 2014). Accordingly, the Defendant is bound to separately determine and sentence punishment for each of the crimes committed before and after the final and conclusive judgment (see Supreme Court Decision 2014Do469, May 2, 2017).

- Each crime subject to the original judgment shall be the same month from March 5, 2017.

6. The reduction of the lower judgment. Each of the crimes of the first instance judgment by the second instance judgment by the lower court was low between December 12, 2017 and January 21, 2018, and each of the crimes of the second instance judgment by the first instance judgment by the lower court is Article 37 of the Criminal Act between the crimes.