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(영문) 서울서부지방법원 2018.04.12 2018노63

폭력행위등처벌에관한법률위반(공동퇴거불응)

Text

The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 500,000) against the Defendant is too unreasonable.

2. Determination

A. Before determining the grounds for appeal, the Defendant was sentenced ex officio, and according to the records of this case, on September 21, 2017, by imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Suwon Flag Flag method Board on September 21, 2017, and the said judgment became final and conclusive on March 9, 2018.

B. Thus, since the crime of the judgment of the court below and the crime of violation of the Act on the Control of Narcotics, etc. (finites) against the defendant, for which the judgment of the court below became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after considering the equity in the case where a concurrent judgment is rendered pursuant to the main sentence of Article 39 (1) of the Criminal Act, and examining whether to reduce or exempt the punishment,

3. Thus, 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 improper assertion of sentencing, and the judgment below is reversed ex officio and it is again decided as follows.

[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by this court is as follows: “The Defendant was sentenced to ten months from September 21, 2017 to a violation of the Narcotics Control Act at the Suwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Fribly, and became final and conclusive on March 9, 2018; and “the previous offense: the Defendant’s statement at court: the Defendant’s court statement at court; the Defendant’s court statement at court; the Suwon Friwon Friwon Friwon Frib, which was bound to the public trial record on September 21, 2017; the judgment of the court below was modified to “the original court’s statement at court” of each Defendant except for each Defendant’s statement at court.