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(영문) 부산지방법원 2019.05.31 2017노4123
특수상해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The summary of the grounds for appeal (No. 1: 1 year of imprisonment and 2 years of suspended execution, 6 months of imprisonment, and 3 months of imprisonment and 1 year and 6 months of imprisonment) declared by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the defendant and the prosecutor filed each appeal against the judgment of the court below, and the pleadings were combined in the trial. Since each of the crimes decided by the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, since the judgment of the court below that rendered a separate sentence for each of the above crimes cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendant and the prosecutor’s allegation of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment below is reversed in entirety, and the following is

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act, Articles 258-2(1) and 257(1) (a) of the Criminal Act, Article 260(1) of the Criminal Act, Article 324(1) of the Criminal Act, the choice of imprisonment for a crime, the choice of punishment

1. Of concurrent crimes, the Defendant, for the reason of sentencing Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act, assaults the victim with dangerous articles and inflicts bodily injury.

In addition, the defendant had the victim frightened by the violence of the defendant take the body of the victim with the cell phone of the defendant, and the responsibility of the defendant is very heavy.

The defendant himself.

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