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(영문) 대구고등법원 2020.11.26 2020노235
중상해등
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

Summary of Grounds for Appeal

A. Each sentence sentenced by the lower court (Article 1: imprisonment with prison labor for a maximum of one year and six months, a short of one year and two years: imprisonment with prison labor for a maximum of six months and a short of four months) is too unreasonable.

(b)the sentence sentenced by the first instance court of the Prosecutor is too unhued and unreasonable;

2. This Court decided ex officio, combined and tried each appeal case against the judgment below.

Since each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, a sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the above judgment of the court below is a ground for ex officio reversal

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal of unfair sentencing by the defendant and the prosecutor, and the following is again decided after pleading

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to 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 Article of the Criminal Act, Article 258(2) and (1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 230 (1) of the Criminal Act, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 232 of the Criminal Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, each of which is the choice of a punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. Reasons for sentencing under Articles 2 and 60 (1) of the Juvenile Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The defendant is under the age of 19 at the time of the prosecution of this case, and the sentencing criteria are set.

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