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(영문) 광주지방법원 2016.07.14 2015노606
상해
Text

We reverse the judgment of the court below.

Defendant shall be punished by imprisonment for a term of two years and two months.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence (the first judgment below: the fine of KRW 3,00,000, the second judgment: imprisonment of KRW 2 years; imprisonment of KRW 3,00; imprisonment of KRW 3:00; imprisonment of KRW 3:6 months); and imprisonment of KRW 3) is too unfied and unreasonable.

B. Defendant 3’s punishment is too unreasonable.

2. To examine ex officio prior to judgment on the grounds for appeal by the prosecutor and the defendant;

The prosecutor and the defendant filed an appeal against the judgment below, and the court tried the three appeals jointly, and the judgment of the court below against the defendant should be sentenced to one punishment pursuant to Article 38 (1) 2 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the aforementioned ex officio reversal grounds, and the following is again decided after the pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, Articles 258-2(1), 257(1) (a) of the Criminal Act, Article 314(1) (a) of the Criminal Act, Article 360(1) (a) (a point of interference with business) of the Criminal Act, Article 70(1)3 (a) of the Criminal Act, Article 70(1)3 (a) of the Act on Special Cases of Financial Business Specializing in Credit, Article 283(1) of the Criminal Act, each decision to punish a person;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 333(1) of the Victim Return Criminal Procedure Act reflects his fault.

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