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(영문) 대전지방법원 2013.10.23 2013노698
상해등
Text

The part of the judgment of the first instance and the judgment of the second instance on the defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and a fine.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of the fact that Defendant A (the judgment of the court of first instance is against the judgment of the court of first and second instance) and that there was an agreement with the injured victim E, the punishment of each court below (the judgment of the court of second instance is a fine of KRW 7 million, the imprisonment of one year, and the suspension of execution of two years) is too unreasonable.

B. In light of the fact that Defendant F (the second judgment of the court below) is against the Defendant F and the first offender, the sentence of the court below (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first and second court rendered a judgment of conviction against the defendant A, and the second and second court rendered a judgment of conviction against the defendant A, and the defendant A appealed against the second and second court's judgment, and the defendant F appealed against the second court's judgment, and this court made a decision to concurrently deliberate on the above two appeals cases. Each of the first and second court's judgment against the defendant A shall be sentenced to a single sentence within the term of punishment increased by concurrent crimes in accordance with Article 38 (1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the first and second court's judgment of the first and second court's judgment cannot be maintained.

3. It is recognized that the Defendant appears to be against the Defendant’s assertion of unfair sentencing regarding Defendant F’s assertion of unfair sentencing, including the fact that the Defendant, before the relevant judgment became final and conclusive, led to the confession of the crime of perjury and did not affect the outcome of the trial, and the Defendant is the first offender without any previous conviction.

However, the crime of this case was committed by the defendant at the request of A, the president of the Republic of Korea, who was working for the defendant, and took an oath after attending the case of injury to the above A, as a witness of the crime of this case, and the facts were found to have been discovered in the president room of "the president", even though he was aware of the fact that the defendant was shotly and physically ill, and was shotly shotly off

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