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(영문) 춘천지방법원 2013.08.14 2013노415
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The seized 50,000 won paper paper Nos. 82 (No. 1).

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too uneased and unreasonable.

2. Prior to the judgment on the argument of unfair sentencing by the prosecutor ex officio, the stolen goods which were seized and the reason for return to the victim is clear should be returned to the victim by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly adopted and examined by the court below, 100 of the 76 copies and 148 copies of the 82 copies of the 50,000 original right (No. 1,000 original right No. 1,00 original right No. 1,00 original right No. 1,00 original right No. 148 (No. 2), which were the stolen goods, should have been returned to the victim by the judgment. Thus, the court below erred in the omission thereof and affected the judgment. In this regard, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, it shall be quoted as it is in accordance with Article 369

Application of Statutes

1. Article 2(2) and Article 2(1)2 of the Punishment of Violences, etc. Act regarding criminal facts, Article 324 of the Criminal Act, Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Article 2(2) and Article 2(1)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act (the point of joint confinement, the choice of imprisonment), Article 329 of the Criminal Act.

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