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(영문) 부산지방법원 2017.11.16 2017노3282

상습존속상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence of the lower court (two years of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be made ex officio.

The prosecutor applied for amendments to a bill of indictment with the content of adding the facts charged as stated below in the "criminal facts" column, and this court permitted this and changed the subject of the judgment, so the judgment of the court below cannot be maintained as it is.

3. As such, the judgment of the court below is reversed in accordance with 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.

Criminal facts

On May 4, 200, the Defendant was sentenced to a suspended sentence of 8 months on the grounds of the crime of bodily injury in Busan District Court; 300,000 won on the grounds of violation of the Punishment of Violences, etc. Act in Busan District Court on November 2, 2005; and 300,000 won on June 2, 2008, who was sentenced to a suspended sentence of 1 year on the grounds of the crime of bodily injury at Busan District Court on February 27, 2009; 30,000 won on January 11, 201, who was sentenced to a penalty of bodily injury at Busan District Court on September 15, 201; 30,000 won on the grounds of the crime of bodily injury at Busan District Public Prosecutor's Office on September 10, 201; 300,000 won on the part of Busan District Public Prosecutor's Office on the ground of assault at Busan District Public Prosecutor's Office on September 10, 2017, 2017.

1. On July 8, 2017, the Defendant habitually injured the Defendant is drinking the toilet door while under the influence of alcohol at the Defendant’s residence located in the Busan City Seo-gu Clla, Busan Metropolitan City on July 8, 2017.