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(영문) 서울남부지방법원 2015.05.21 2014노496
모욕등
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the court below on the defendant is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s appeal, the records of this case revealed that the Defendant, at the Seoul Southern District Court, sentenced on December 19, 2013, the Defendant to a suspended sentence of one year for six months, due to a crime of violation of the Punishment of Violences, etc. Act (a habitual injury) at the Seoul Southern District Court, and recognized the fact that the above judgment became final and conclusive on the 27th of the same month. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, is determined after examining whether to reduce or exempt punishment in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and thus, the judgment of the

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Dao-written judgment] The summary of the criminal facts and evidence of the defendant recognized by the court below is the first head of the court below's criminal facts and the summary of the evidence. "The defendant is a person who was sentenced to a suspended sentence of one year for six months in the Seoul Southern District Court on December 19, 2013 due to a violation of the Punishment of Violence, etc. Act (a habitual injury) (a name of a crime recognized as a habitual injury) at the Seoul Southern District Court on December 19, 2013, and the above judgment becomes final and conclusive on the 27th day of the same month." 1. A criminal records in the judgment of the court below are the same as each corresponding column of the court below, except for addition of "criminal records"

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 311 of the Criminal Act, Article 257 (1) of the Criminal Act, and the selection of fines for the crime;

1. Handling concurrent crimes;

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