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(영문) 서울동부지방법원 2015.05.29 2015노444

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the defendant committed several crimes over a short period, and among which, the defendant committed a violation of the Road Traffic Act (Refusal of measurement of noise) among which, during the trial of the court below, the defendant has the criminal records of each of the offenses committed by violence, nine times a fine, one time a suspended execution, one time a fine for violation of the Road Traffic Act or the Act on Special Cases concerning the Settlement of Traffic Accidents, and twelve times a fine.

However, in full view of the following circumstances: (a) the Defendant committed a crime in the course of the trial for a period of four months and commits a misjudgment in depth while living in prison for four months; (b) the victims and deposited a considerable amount of money; (c) the degree of injury is relatively minor; (d) the Defendant has no record of having been sentenced to imprisonment; and (e) other circumstances that form the conditions for sentencing, such as the Defendant’s age, family relationship, occupation, etc., the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[D.] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and evidence recognized by the court is identical to a description in the corresponding column of the part against the defendant among the judgment of the court below.

Application of Statutes

1. Relevant Acts concerning criminal facts, Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of joint violence) and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusal of measurement of noise) (the choice of imprisonment with prison labor);

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.