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(영문) 대전지방법원 2021.02.03 2020노63

특수상해

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The decision of the court below (one year of imprisonment and two years of suspended execution) on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, according to the statement in the text of the judgment of the Daejeon District Court, the defendant was sentenced to imprisonment with prison labor for special injury on June 30, 2020 at the Daejeon District Court Support on the part of the Daejeon District Court, and one year was sentenced to imprisonment with prison labor for special injury on the part of the defendant.

7. 8. 8. Recognizing that the above judgment became final and conclusive, this case is in a concurrent relationship between the above special injury crime, etc., for which the judgment became final and conclusive, and the latter part of Article 37 of the Criminal Act, and thus, a sentence should be imposed in consideration of equity and the case where the judgment is to be rendered at the same time in accordance with the first part of Article 39(1) of the Criminal

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the part of the judgment of the court below against the defendant is reversed, and it is again decided as follows.

【Re-written judgment] The criminal facts and summary of evidence acknowledged by the court, and summary of evidence, among the judgment of the court below, ① The defendant was sentenced to imprisonment with prison labor for a period of one year for special injury due to a special injury in the support of the Daejeon District Court on June 30, 2020.

7. 8 The above judgment became final and conclusive.

2. In addition, “A copy of the sentence of the Daejeon District Court 2020 order order 27 is the same as the corresponding column of the judgment of the court below, except for the addition of “a copy of the sentence of the High Court 2020 order order 27” in the column of the evidence. As such, it is cited as it is in accordance with Article 36

Application of Statutes

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Articles 53 and 55 (1) 3 of the Criminal Act mitigation of small amount under Article 39 (1) shall be mitigated;

1. Suspension of execution under the Criminal Act;