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(영문) 서울중앙지방법원 2017.10.12 2017노1732
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of each of the defendants (the first instance court: imprisonment with prison labor for a year and six months, and the second instance court: imprisonment with prison labor for a period of six months) is too unreasonable.

B. The 1st sentence of the lower court is too unhued and unreasonable.

2. On the judgment of the court of first instance, the judgment of the court of first instance and the judgment of the court of second instance were pronounced, and the defendant filed an appeal against the judgment of the court of second instance, and the court of second instance decided to jointly examine the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below in the first and second judgment cannot be maintained as it is.

3. According to the conclusion, the judgment of the court below is reversed ex officio without examining the unfair argument of sentencing by the defendant and the prosecutor, and the following is again decided after pleading.

Criminal facts

The main points of the evidence and the judgment below are as follows.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 258-2(1), 257(1) (the point of each special injury), Article 239(1) (the point of the private signature) of the Criminal Act, Article 239(2) and Article 239(1) of the Criminal Act (the point of a forged private signature) of the same Act, Articles 94 subparag. 7 and 17(1) of the Immigration Control Act (the point of a forged private signature) of the same Act on criminal facts; and Articles 258-2(1), 257(1) of the Criminal Act on the selection of a penalty;

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 reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the sentence shall be determined as ordered in consideration of the individual circumstances as set forth below, and other various sentencing conditions set forth in the records and arguments of this case.

- The fact that the defendant committed an contingent special injury, recognized a mistake and reflects it, the victims of special injury and the victims do not want to be punished for the defendant, and there is no record of punishment in the Republic of Korea - the responsibility for each of the crimes of this case is serious.

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