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(영문) 수원고등법원 2020.02.13 2019노224

강도상해등

Text

The part against Defendant A and the judgment of the court below of the second instance shall be reversed, respectively.

The judgment of the court below is reversed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts (the part concerning the crime of injury by robbery in the judgment of the court of first instance) does not require treatment, and there is no difficulty in daily life even without receiving treatment, and since it is possible to naturally recover as a result of the passage of time, the court below erred by misapprehending the facts and thereby finding the Defendant guilty of the charge of injury by robbery in this part. (2) The punishment sentenced by the court of first instance against Defendant A (the court of first instance: imprisonment of three years and six months; imprisonment of one year and six months: imprisonment of six months), and imprisonment of six months) is too unreasonable.

B. The prosecutor (an unreasonable sentencing on the judgment of the court below of the second instance) sentenced by the second court to the Defendants (an imprisonment of one year, a fine of three thousand won, and a fine of three thousand won) are too uneasible and unreasonable.

2. Determination

A. Of the judgment of the second and the judgment of the court below on the part against Defendant A and the judgment of the court below on the judgment of the court below on the part against Defendant A, each of the judgment of the court below on the second and the judgment of the court on the third and the judgment on the judgment of the court on the judgment of the court below is pronounced, and the prosecutor filed an appeal against the judgment of the court on the second and the court on the two appeals. The court decided to hold concurrent hearings on the two appeals. Since each of the crimes against Defendant A in the second and the judgment of the court on the second and the judgment on the third are concurrent crimes under the former part of Article

However, on September 7, 2018, Defendant A was sentenced to a suspended sentence of two years for a term of one year and three months at the Suwon District Court for fraud, etc. on December 8, 2018, and the above judgment became final and conclusive on December 8, 2018. The crime of the second and third judgment in the crime of fraud, etc. committed before the above judgment becomes final and conclusive, and the crime of the first instance judgment committed after the above judgment becomes final and conclusive under Article 39(1) of the Criminal Act is a concurrent crime of the latter part of Article 37 of the Criminal Act.