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(영문) 전주지방법원 2016.06.10 2016노170
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

(a) No misunderstanding of fact 1) No injury was inflicted on the victim E of 2015 class 639 group.

2) There was no fact of assaulting the victim H, I, J, or K, or inflicting any injury on the victim L, and there was no threat as stated in the facts charged, as stated in the facts charged, on the part of the victim P, of the victim’s 2015 high group 669 high group : (a) the victim’s h, I, J, or K; and (b) the victim P did not infringe on the victim’s h, and (c) the victim’s h’s h

3) In the process of resisting the victim W’s unfair speech and behavior No. 2015 grouped 7366 group, the said victim was “brupted police only” to the said victim, which does not constitute insult.

B. The sentence of the lower court’s improper sentencing (one year and two months of imprisonment) is too unreasonable.

2. Ex officio determination

A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor tried to examine the case ex officio, and the case was tried at the trial (2015 order 639). The name of the crime in question from "injury" to "Habitual Injury", Article 257 (1) of the Criminal Act "Article 264 and Article 257 (1) of the Criminal Act" is "Article 264 and Article 257 (1) of the Criminal Act", and the part of the charges in the facts charged is "the defendant was sentenced to imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jeonju District Court's Military Accounting Support on December 6, 2013, and on December 23, 2014, the execution of the sentence was terminated by the preceding State prison.

“The Defendant is sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act in the Gunsan Branch of the Jeonju District Court on September 18, 1996; imprisonment with prison labor for the same crime in the same court on August 7, 200; imprisonment with prison labor for one year; suspension of execution for three years; imprisonment with prison labor for the same crime in the same court on October 6, 2000; fine for a violation of the Punishment of Violences, etc. Act at the Seoul District Court on May 19, 2003; fine for a violation of the Punishment of Violences, etc. Act at the Jeonju District Court on March 6, 2007; fine for an injury, etc. at the Jeonju District Court on June 5, 2007; and imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) on August 19, 209.

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