(영문) 부산지방법원 2020.12.17 2020노1650 | 리걸엔진

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(영문) 부산지방법원 2020.12.17 2020노1650

상해등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of each of the defendants (the first instance judgment: the fine of KRW 3 million, and the second instance judgment: the imprisonment of KRW 6 months) is too unreasonable.

B. The first sentence of the lower court (a fine of three million won) of the Prosecutor’s 1 is too unhued and unreasonable.

2. Ex officio determination

A. According to the evidence duly adopted and examined by the first instance court prior to the judgment on the grounds for appeal, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (hereinafter “the first final judgment”) at the Busan District Court on January 16, 2019, and the judgment was finalized on January 24, 2019 (hereinafter “the final judgment”). On July 11, 2019, the Busan High Court sentenced two years of a suspended sentence to eight months of imprisonment for special injury, etc. (hereinafter “the second final judgment”). On the other hand, the crime of the second final judgment constitutes a case where the judgment cannot be sentenced simultaneously with the crime of the first final judgment after the date on which the final judgment became final and conclusive.

Nevertheless, it is erroneous in the misapprehension of the legal principles of Article 39(1) of the Criminal Act that sentenced punishment in consideration of the crime of final judgment No. 2 and the equality of the final judgment pursuant to Article 39(1) of the Criminal Act with regard to the crime committed by the court below No. 1 which was committed after the date of final judgment

B. In addition, the judgment of the court of first instance and the judgment of the court of second instance filed an appeal against the defendant, and the defendant and the prosecutor filed an appeal against them, and this court decided to hold a joint hearing of the two appeals cases. Since each of the offenses against the defendant in the judgment of the court of first and second instance are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act, the judgment of the court of first and

3. Accordingly, the judgment of the court below is correct.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형법 제38조 제1항

-형법 제39조 제1항

유사 판례

-전주지방법원 2015.06.05 2014노1439

-부산지방법원 2019.05.17 2018노4567

-창원지방법원 2019.11.14 2019노1884

-울산지방법원 2020.05.07 2020노165

-서울북부지방법원 2019.07.09 2019노642