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(영문) 서울남부지방법원 2017.09.28 2016노1701
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the fact that a person who suffered from a summary of the grounds for appeal is profescing and leading up to a contingency to defend, paid 15 million won with the agreed amount, and is economically difficult, the punishment (two million won with the penalty) imposed by the court below is too unreasonable.

2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the Defendant’s ex officio determination, the record reveals that the Defendant was sentenced to imprisonment for eight months on September 23, 2016 with labor for aiding and abetting a violation of the National Sports Promotion Act (such as opening of gambling, etc.) at the Suwon Friwon, and that the judgment became final and conclusive on December 29, 2016.

Since the crime of injuring the Defendant and the crime of aiding and abetting the Defendant in violation of the National Sports Promotion Act (reburial, etc.), which became final and conclusive in the lower judgment, are concurrent crimes in relation to the latter part of Article 37 of the Criminal Act, the sentence shall be determined after considering equity with the case to be judged at the same time pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence, the lower judgment was no longer maintained

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 defendant's argument of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.

[Re-written judgment] The criminal facts and the summary of the evidence acknowledged by the court and the summary of the evidence are all criminal facts of the judgment of the court below. The judgment of the court below became final and conclusive on December 29, 2016, where the defendant was sentenced to eight months of imprisonment with prison labor for the crime of aiding and abetting the violation of the National Sports Promotion Act (such as opening gambling, etc. at the Suwon Friwon on September 23, 2016).

Except for the addition of “,” it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Attraction of a workhouse;

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