(영문) 춘천지방법원 강릉지원 2017.02.16 2016노509

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 강릉지원 2017.02.16 2016노509

상해등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

(2) the date of this judgment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: Imprisonment with prison labor for 10 months and order for 40 hours: imprisonment with prison labor for 6 months and order for 40 hours) of the original judgment is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

A. The Defendant filed each appeal against the lower judgment, and the lower court decided to jointly examine each appeal case.

In this regard, each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

B. The prosecutor of the Amendments to Bill of Indictment applied for the amendment of the Bill of Indictment to the effect that the "distribution" of the crimes No. 3 and No. 8 among the facts charged in the indictment No. 1 as stated in the judgment of the court in the second instance was changed by this court's permission.

Therefore, the above crimes and the remaining crimes in the judgment of the first instance court and the second instance court are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence shall be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained in this respect.

3. The judgment of the court below is reversed in its entirety under Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is so decided as follows through a change of reasoning.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by this court is as follows: the summary of facts constituting a crime and evidence is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for the alteration of "distribution" as "providing" of facts constituting a crime No. 1 of the judgment of the court below as stated in the judgment of the court below, since the facts constituting a crime and the summary of evidence are identical to the corresponding columns of the court below.

Application of Statutes

1..

참조조문

-형법 제38조 제1항

유사 판례

-제주지방법원 2018.12.13 2018노566

-춘천지방법원 강릉지원 2017.12.07 2017노239

-수원지방법원 2018.04.05 2017노3115

-제주지방법원 2018.12.20 2018노554

-부산지방법원 2017.11.10 2017노2278