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(영문) 서울서부지방법원 2015.07.09 2015노183
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

If the above fine is not paid, 100.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (700,000 won imprisonment) is too heavy.

2. The Defendant, at the Seoul Western District Court on August 28, 2014, sentenced 1 year and 10,000 won to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence), confiscation, and collection 20,000 won on January 29, 2015. The above judgment became final and conclusive on January 29, 2015. As the Defendant’s crime and the above violation of the Act on the Control of Narcotics, etc. (fence), which have become final and conclusive in the judgment of the lower court, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime in consideration of equity in the case where the judgment is to

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below.

Application of Statutes

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act for the Handling of Concurrent Crimes (the violation of the Act on the Control of Narcotics, etc., in which a judgment becomes final and conclusive);

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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