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(영문) 서울서부지방법원 2019.10.10 2019노689
폭행등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the second instance court (six months of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment sentenced by the first instance court (4 million won of fine) is too uneased and unreasonable.

2. Each court of original judgment ex officio rendered a judgment of fine and imprisonment with prison labor as above after completing a separate hearing against the defendant.

As to the judgment of the court below in the second instance, the prosecutor filed each appeal against the judgment of the court of first instance, and this court decided to hold the two cases appealed together for a trial.

However, each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence shall be sentenced pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

3. As such, each judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for reversal of authority, and it is again decided as follows.

【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in the respective corresponding columns of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Among concurrent crimes, the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act committed each of the crimes of this case without being aware of the defendant during the period of repeated crimes; the defendant has been punished several times for multiple violent crimes even before the crimes of this case; the defendant has not been agreed with the victims.

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