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(영문) 창원지방법원 2020.04.03 2019노2224
폭행등
Text

The remainder of the judgment of the first instance except the dismissed part and the second judgment shall be reversed.

Defendant .

Reasons

1. The first instance court rendered a judgment dismissing public prosecution as to the violation of the victim F among the facts charged, and sentenced the remaining facts charged to conviction.

However, since the defendant appealed only the guilty portion on the grounds of unfair sentencing as follows, and the dismissal of the above dismissal part is separated and finalized, the above dismissal part shall be excluded from the scope of the judgment in this Court.

2. The summary of the grounds for appeal (the defendant) the sentencing of the court below (the first instance court) is too unreasonable.

3. Prior to the judgment on the grounds for appeal on unreasonable sentencing, this paper examines ex officio the grounds for appeal.

The first and second original judgments against the defendant were sentenced separately, and the defendant filed an appeal against each of the original judgments, and this court decided to hold a joint trial by combining each of the appeals cases. Since each of the offenses of the original judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence under Article 38(1) of the Criminal Act. Thus, the original judgment cannot be maintained as it is.

4. Accordingly, the judgment of the court below is reversed on the grounds of ex officio reversal, and without examining the grounds for appeal on unfair sentencing, pursuant to Article 364(2) of the Criminal Procedure Act, the remaining parts of the judgment of the court of first instance excluding the dismissed part among the judgment of the court of first instance and the judgment of the court of second instance

【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes:

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