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(영문) 수원지방법원 2017.07.21 2015노2629
상해등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal is that the punishment imposed by the lower court [the first instance court in Suwon District Court Decision 2015 Height Group 148: imprisonment for one year, and the second instance (the second instance court in Suwon District Court Decision 2015 Height 2166: imprisonment for six months] is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court held the first instance judgment and the second instance judgment together with each appeal case. The crime of the first instance judgment and the second instance judgment are concurrently examined, and the crime of the second instance judgment and the crime of the second instance judgment are 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 first instance judgment and the second instance judgment cannot be maintained in entirety.

In addition, the prosecutor applied for amendment of the Act on the Punishment of Violences, etc. (collectively, Deadly, etc.) to "2. Special Intimidation" among the facts charged in the case of 2015No. 3726, and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act" in the applicable law, "Article 284 and Article 283 (1) of the Criminal Act," respectively, was changed to "Article 284 and Article 283 (1) of the Criminal Act," and since the court permitted the amendment, the judgment of the court below is no longer maintained.

3. If so, 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 in entirety, and it is again decided as follows through pleading.

[Judgment of the court below] Criminal facts 【2015No 2629】

1. On September 20, 2013, the injured Defendant: (a) had a dispute with the friendly I with the H in front of Pyeongtaek-si G on September 20, 2013; (b) has been resisted by the victim J (W, 23 years of age) who is a driver of the I, to the right part of the victim in need of approximately three weeks of medical treatment on the ground that the victim J (W, 23 years of age) resists the victim’s face.

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