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(영문) 대전지방법원 2018.08.30 2017노3943
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. An ex officio judgment prosecutor filed an application for modification of a bill of amendment with the victim’s “influence of approximately 12 weeks of treatment” as “influence of treatment days,” among the facts charged as to the injury committed in the first instance trial, and the subject of the judgment was modified by this court’s permission. This is a single sentence in relation to the facts charged as to assault which the court below found guilty and concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed and it is again decided as follows after pleading.

【Grounds for the Judgment of the court which is to be used again] Criminal facts and summary of evidence acknowledged by the court below are as follows: 【The victim requires approximately 12 weeks of treatment” in the second 4 criminal facts as stated in the judgment of the court below, except for the victim’s modification to “the number of days of treatment” as stated in each corresponding column of the court below, thereby citing them as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

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

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the Defendant committed each of the instant crimes during the period of repeated crimes due to the same kind of crime, and that the Defendant did not agree with the victim, and that the victim wanted to punish the Defendant’s severe punishment, and that there is insufficient efforts to recover damage.

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