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(영문) 부산지방법원 2021.01.28 2020노1226
폭력행위등처벌에관한법률위반(공동상해)등
Text

All the judgment of the court below (excluding the part of the order for compensation in the 3rd Judgment) shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

Reasons

1. The sentence (No. 1: Imprisonment with prison labor for 4 months, imprisonment for 1 year, and imprisonment for 3 months: imprisonment for 4 months) declared by the original court on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and as each of the cases of the judgment of the court below appealed by the defendant, each of the criminal facts in the judgment of the court below against the defendant becomes concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below which sentenced a separate sentence for

3. According to the conclusion, 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, and the following is determined through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court and the summary of the evidence are the same as the corresponding column of the judgment below, except for the case where the part on May 22, 2015 (the date of the judgment) among the judgment of the court of first instance (the previous record of an offense) as " February 12, 2015" is the same as the 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 2(2)3 of the relevant Act on the Punishment of Violences, etc., for the crime, Article 2(2)3 of the Criminal Act, Article 257(1) of the Criminal Act (the point of joint injury), Article 8 of the Special Act on the Prevention of Fraud by Insurance, Article 30 of the Criminal Act (the point of insurance fraud), Article 347(1) of each Criminal Act (including the point of fraud and the point of fraud as stated in Article 347(1) of each Criminal Act (including the point of fraud and the point of fraud as stated in paragraph (1) of the judgment of the third instance), and each

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

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) motive and circumstance of each of the instant crimes; (b) the degree of injury of the victims of joint bodily injury; and (c) damage to the insurance fraud and fraud.

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