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(영문) 광주고등법원 2016.11.17 2016노151

특정범죄가중처벌등에관한법률위반(보복상해등)등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The judgment of this court ex officio examined the appeal case against the judgment of the court below Nos. 1 and 2. The judgment of the court below against the defendant should be sentenced to one sentence in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained.

2. The lower court’s conclusion is reversed in its entirety under Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and further decided as follows.

Criminal facts

The facts constituting the offense against the defendant recognized by the court and the summary of the evidence are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 260(1) of the Criminal Act applicable to the crime, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 257(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 369(1) and Article 366 of the Criminal Act, Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257(1) of the Criminal Act, Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283(1) of the Criminal Act, Article 261 and Article 260(1) of the Criminal Act, Article 260 of the Criminal Act, Article 319(1) of the Criminal Act, Article 369(1) of the Criminal Act, Article 369(1) of the Criminal Act, Article 257(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Of concurrent crimes, the crime of this case on the grounds of sentencing as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of which the nature of the crime is the largest) is committed against the victim who was in de facto marital relationship with the defendant several times, and committed the crime of assaulting or injuring the victim, damaging property and impairing his residence, etc., and