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(영문) 전주지방법원 2020.12.10 2020노846
상해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and six months, and a short term of one year.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a maximum of eight months, the short of six months and the second instance judgment: imprisonment with prison labor for a maximum of one year and the short of eight months) is too unreasonable; and

2. The first and second original judgments were pronounced on the defendant for ex officio judgment, and both the defendant filed an appeal. The court decided to consolidate the above two appeals cases. Each of the crimes in the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.

3. If so, the first and second judgment of the court below is based on the above reasons for the reversal of authority. Thus, without examining the defendant's respective arguments of unfair sentencing, all of them are reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Article 257 (1) of the Criminal Act, Article 350 (1) of the Criminal Act, Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, Article 331-2 of the Criminal Act, Article 331 (2) and (1) of the Criminal Act, the choice of punishment for a crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment provided for in special larceny against AP, the most severe punishment and punishment for concurrent crimes);

1. Articles 2 and 60(1) of the Juvenile Act, which are irregular.

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