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수원지방법원 2013.05.16 2013노499

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Before determining the grounds for appeal, the records show that the Defendant was sentenced to six months of imprisonment with labor for special larceny, etc. at the Suwon District Court on November 21, 2012, and the above judgment became final and conclusive on February 8, 2013, which is after the sentence of the lower judgment was rendered. The above special larceny, etc., for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and each of the crimes of this case is determined by the sentence after considering equity and the mitigation of or exemption from punishment is considered in accordance with Article 39(1) of the Criminal Act. Thus, the lower judgment is no longer maintained.

3. Accordingly, 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 again decided as follows after oral argument.

Criminal facts

The summary of the facts and evidence admitted by this court is to add "criminal facts" to all the facts in the judgment of the court below as "the defendant was sentenced to six months of imprisonment with prison labor by special larceny, etc. at the Suwon District Court on November 21, 2012, and the above judgment became final and conclusive on February 8, 2013." On the second below of the judgment, "N" shall be deemed "K" and "the summary of evidence" shall be deemed as "K" and "the summary of evidence" shall be deemed as the evidence of "the previous conviction," and it shall be cited as the corresponding column of the judgment of the court below in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 331 (2) and (1) of the Criminal Act, the choice of punishment for a crime, Article 331 (2) and (1) of the Criminal Act, Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment);

2. Article 37 of the Criminal Code for the Handling of Concurrent Crimes