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(영문) 광주지방법원 2019.10.29 2019노1622 (1)

상해

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,00) of the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to records, the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.) at the Gwangju District Court on January 25, 2019, and the judgment became final and conclusive on July 25, 2019.

As the crime in the judgment of the court below against the defendant is a concurrent crime with the above crime for which judgment has become final and the latter part of Article 37 of the Criminal Act, a sentence should be imposed in consideration of equity with the case where judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act, so the judgment

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows through pleading.

Criminal facts

The summary of the facts and evidence admitted by this court is to add "criminal facts" to the first head of "criminal facts" of the judgment of the court below, "the defendant A was sentenced to two years of imprisonment on January 25, 2019 for a violation of the Punishment of Violences, etc. Act (the composition of an organization, etc.)" and the judgment became final and conclusive on July 25, 2019" to "the summary of evidence" of the judgment of the court below, and except for addition to "the summary of evidence" to "the summary of the judgment of the court below: a copy of the judgment of the judgment and the meeting of agreement assistance to the case" as stated in each corresponding column of the judgment of the court below, thereby

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the applicable criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized the crime of this case, that the degree of injury of the victim is not much serious, that there is an agreement with the victim, and that the crime is committed.