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(영문) 수원지방법원 2016.04.29 2015노5785
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, which is too unreasonable.

2. According to the evidence duly adopted and examined by the court below and the court below on October 28, 2015, prior to the judgment on the grounds of appeal by the defendant's ex officio, the defendant appealed the above judgment of the court below after being convicted of six months of imprisonment with prison labor for special larceny, etc., and one year and six months of imprisonment with prison labor at the Suwon District Court, the appellate court reversed the part concerning one year and six months of the judgment of the court below among the judgment of the court below on January 20, 2016 and sentenced the defendant to one year of imprisonment. The court below's dismissal of the defendant's appeal against one year of imprisonment among the judgment of the court below was sentenced to one year of imprisonment. In other words, the court below's appeal was dismissed on March 29, 2016, and the above judgment of the appellate court became final and conclusive on the same day by receiving the decision of dismissal from the court below on March 29, 2016, and the above special larceny, etc., for which the judgment of the court below became final and conclusive, shall not be held under Article 39 (1) of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is the first head of the judgment of the court below, and the defendant appealed from the judgment of the court of first instance on October 28, 2015 after being sentenced to a conviction of six months of imprisonment with prison labor for special larceny, etc. and one year and six months of imprisonment with prison labor. The part concerning one year and six months of imprisonment with prison labor in the judgment of the court of appeal at the Suwon District Court, the appellate court of first instance.

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