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(영문) 서울동부지방법원 2016.12.28 2016노949

상해등

Text

The remaining parts of the first judgment excluding the rejection of an application for compensation order and the second judgment shall be reversed respectively.

Reasons

1. The sentence (No. 1 year of imprisonment, and No. 2 of the judgment below: Imprisonment with prison labor: 8 months) imposed by each court below on the gist of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant, and as each of the cases of the judgment of the court below appealed by the defendant, each crime of the judgment of the court below against the defendant is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and a single punishment shall be imposed at the same time in accordance with Article 38 of the Criminal Act. In this regard, the judgment of the court below shall no longer be maintained.

3. The judgment of the court below is reversed, and the remaining part of the first instance judgment excluding the rejection of the application for compensation order among the part of the first instance judgment pursuant to Article 364(2) of the Criminal Procedure Act, and the second instance judgment are reversed and it is decided as follows, respectively, through pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) An injury: Article 257(1) of the Criminal Act;

(b) The point of joint injury: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act.

(c) Specific intimidation: Articles 284 and 283(1) of the Criminal Act.

(d) The point of causing property damage: Article 366 of the Criminal Act;

(e) Point of purchase of Mesacams: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Narcotics Control Act;

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The defendant is the same as the sentencing reasons under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.