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(영문) 광주지방법원 2014.11.06 2014노1104
혼인빙자간음등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The lower court found the Defendant not guilty of the facts charged in the instant case on the grounds of unfair sentencing, and only the Defendant appealed on the guilty part on the grounds of unfair sentencing, and the prosecutor did not appeal on the not guilty portion. As such, the lower court’s acquittal portion was separately determined as it was, and only the guilty portion falls under the scope of the judgment of the lower

2. The summary of the grounds for appeal (one year of suspended sentence for six months of imprisonment) of the lower court is too unreasonable.

3. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and the facts constituting the crime against the defendant were assaulted on August 2, 1983 and August 20, 1983, and threatened the victim on August 3, 1983, and inflicted bodily injury on the victim on August 20, 1983. Thus, Articles 260 (1), 283 (1), and 257 (1) of the former Criminal Act (amended by Act No. 5057 of Dec. 29, 195) shall apply at the time of the act. The court below erred by applying Articles 260 (1), 283 (1), and 257 (1) of the Criminal Act.

4. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by this court is as follows: (a) except where the “1. partial statement of the defendant” in the summary of the evidence is deemed as the “written statement of the defendant at the original trial on 1.0,000 won”, and thus, it is identical to the corresponding column of the original judgment. Therefore,

Application of Statutes

1. Article 260(1) of the former Criminal Act (amended by Act No. 5057 of Dec. 29, 1995; hereinafter the same), Article 283(1) of the former Criminal Act (amended by Act No. 5057 of Dec. 29, 199), Article 283(1) of the former Criminal Act, and the former Criminal Act.

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