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(영문) 수원지방법원 2021.02.17 2020노6807
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal: Sentencing;

2. We examine ex officio prior to the judgment on the Defendant’s improper argument in sentencing.

On August 23, 2019, the Defendant was sentenced to four months of imprisonment with prison labor for interference with business affairs, etc. by this Court (hereinafter referred to as the "Order 1331"), and the judgment became final and conclusive on February 22, 2020, and the facts charged in the instant case committed on December 4, 2019, prior to the said judgment, is the crime committed prior to the said judgment, and is in the relation of concurrent crimes after Article 37 of the Criminal Act with the finalized crime.

Therefore, under the first sentence of Article 39(1) of the Criminal Act, the lower court erred by omitting the sentence, even though it is necessary to simultaneously render a judgment on the instant facts charged and the offense established at the same time, taking into account equity and equity.

Ultimately, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

【Re-written judgment] Criminal facts and summary of evidence recognized by this court are criminal facts and summary of evidence, and the judgment below became final and conclusive on February 22, 2020 when the defendant was sentenced to four months of imprisonment with prison labor on August 23, 2019 by obstructing business operations at the Suwon Process Board.

1. The Defendant’s oral statement at the trial court (the part before final conviction) is added and in the column of the evidence;

1. Except for addition of “judgments and case search”, it is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act: Provided, That the reason for sentencing under the first sentence of Article 39(1) is as follows: (i) the course and content of the instant crime, and the means of the instant crime (in particular, the victim’s head is walking, etc. due to his/her appearance).

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