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(영문) 부산지방법원 2017.03.17 2016노3804
특수상해등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 1 year, and imprisonment with prison labor for 2 years) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.

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 unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) the summary of the evidence of the original judgment [the records of the judgment] part of the [the summary of the evidence of the original judgment], except that the phrase “written reply to inquiries, such as each criminal history, one copy of the report, and one copy of the results of confirmation of the previous criminal records of the disposition,” as “written reply to inquiries, such as criminal history,” is the same as the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited pursuant to

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 260 (1) of the Criminal Act (a point of violence and choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38 subparag. 1 subparag. 2, and Article 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes with the punishment imposed on a victim C who has the largest penalty) is that the defendant, who has led to the confession of all the crimes, has divided his/her mistake, and that the victim C with special injury does not want to be punished by the defendant.

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