logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.06.17 2014노609
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended execution in August, and one hundred and twenty hours of community service) of the lower court is deemed to be too uneasible and unfair.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing by authority, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Prosecutor added the criminal records to the effect that “the Defendant was sentenced to a two-year suspended sentence of imprisonment with labor for the crime of interference with business, etc. at the Chuncheon District Court on October 28, 2014, and the said judgment became final and conclusive on November 5, 2014,” and applied for amendments to the indictment to add “the latter part of Article 37 of the Criminal Act” to the applicable provisions, and this Court permitted this.

Therefore, as seen above, the crime of injury in this case and the crime of interference with business, etc. for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after considering equity in the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment, the judgment of the court below cannot be upheld

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is so decided as follows, without examining the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal, such as Paragraph (2).

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: “The defendant is sentenced to a two-year suspended sentence of imprisonment with prison labor at the Chuncheon District Court on October 28, 2014 due to the obstruction of business, etc. on November 5, 2014, and the judgment became final and conclusive on November 5, 2014, and “in addition,” it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 of the same Act, which provides corresponding legal provisions and the choice of punishment for the crime;

arrow