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(영문) 대구지방법원 2018.05.04 2017노5761

폭행등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. The summary of the grounds for appeal that the judgment of the court below rendered against the defendant is too unreasonable (the first instance judgment: imprisonment with prison labor for 6 months and imprisonment for 2 months).

2. We examine ex officio the appeal ex officio, and the defendant filed each appeal against the judgment of the court below, and examined the appeal case in the first instance court. However, as long as each crime of the judgment of the court below on the market is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a sentence should be imposed. In this regard, the judgment of the court below cannot be maintained any more.

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 in entirety, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

1. The instant crime on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is not likely to be committed as a crime of assaulting or insulting a victim of the victim of the victim of the victim of the victim of the victim of the crime without any special reason, and the Defendant was sentenced by the Daegu District Court on November 19, 2015 to a two-year suspended sentence on June 27 of the same month, and the judgment became final and conclusive and conclusive on November 19, 2015, and again commits the instant crime, even during the suspended sentence period, the Defendant escaped after the closure of pleadings in the first instance trial, and the fact that the criminal records of the same kind of

However, the defendant committed the crime of this case.