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(영문) 부산고등법원 2012.05.23 2011노742
폭력행위등처벌에관한법률위반(상습상해)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. 1) In fact, the Defendant exceeded the police officer’s unreasonable treatment by means of the indication of the paragraph on the illegal treatment of police officers at the Q district of the Sado Police Station, and the first instance court convicted him of the obscenity among the facts charged in the instant case. The first instance court erred by misunderstanding of facts and misunderstanding of legal principles, and misunderstanding of facts. 2) The first instance court found the Defendant guilty of the obscenity of the facts charged in the instant case. 2) The lower court did not have any intention to interfere with the duties of the employees of the D Hospital, nor did he intentionally interfere with the duties of the staff of the D Hospital, nor did he intentionally interfere with the duties of the D Hospital, and did not damage the G police box’s entrance safety rubber, the second instance court convicted him of all of the facts charged in the instant case.

B. The sentencing of each court below on the grounds of unfair sentencing is too inappropriate.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

The first and second original courts rendered a judgment against the defendant as Busan District Court 201Da664, 752, 201Kadan7143, which sentenced the defendant to the punishment of each of the defendant. The first and second original courts filed an appeal against the defendant, and this court made a decision to jointly deliberate on the above appeal cases. Since the first and second original court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be sentenced to a single sentence within the scope of one severe penalty under Article 38 (1) of the Criminal Act, the judgment of the court below cannot be exempted from all of its reversal.

The defendant's assertion of misunderstanding of facts, etc. is still subject to the judgment of this court, despite the ground for ex officio reversal.

B. Article 245 of the Criminal Act provides for the first public performance and obscenity determination as to the assertion of mistake of facts.

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