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(영문) 창원지방법원 2014.08.21 2013노1174

상해등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the judgments of the court below (No. 1: a fine of 500,000 won: a fine of 3 million won: a fine of 3 million won; a fine of 3: a fine of 1 million won: a fine of 1 million won) is too unreasonable.

2. The first instance court rendered ex officio a decision to review the above appeal cases by examining the first instance court's ex officio. The second instance court decided to consolidate the above appeal cases by examining the first instance court's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's 50,000 won,000 won,000,0000,0000,000,000 won, and the second instance court's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment with respect to each of the above appeal cases's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment's judgment is no longer consistent with a single judgment'

3. Accordingly, each court below's decision is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio are the grounds for reversal, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding column of each judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 319(1) of the Criminal Act, Articles 262 and 260(1) of the Criminal Act, the choice of fines for the crime;

1. Article 37 of the Criminal Code among concurrent crimes.