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(영문) 대구고등법원 2021.03.17 2020노454
강간미수
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of one year and six months;

3.Provided, That this judgment has become final and conclusive.

Reasons

The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution) of the lower court is too unreasonable.

2. We examine the Defendant’s appeal ex officio before determining the grounds for appeal.

According to the court below and the evidence duly adopted and examined by this court, the defendant was sentenced to six months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daegu District Court on January 12, 2021, and two years of suspended execution and the judgment became final and conclusive on January 20, 2021.

As above, the crime of this case is in the concurrent relationship between the crime for which judgment has become final and the crime of this case and the crime of this case after Article 37 of the Criminal Act, and the punishment is determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be 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 defendant's grounds for appeal on the grounds of appeal on the grounds of ex officio reversal, and the judgment below is reversed and it is again decided as follows.

[Grounds for the new judgment] The criminal facts and summary of evidence recognized by the court and the summary of evidence are the crimes committed on February 5, 2020 through 3 to 5 of the judgment of the court below. The defendant was sentenced to a suspended sentence of 10 months in imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the Daegu District Court Port Branch of the Daegu District Court on February 5, 2020, and a suspended sentence of 2 years in the present Daegu District Court.

“The Defendant” was sentenced on January 12, 202 to the Daegu District Court for a violation of the Punishment of Violences, etc. Act (joint injury) and on January 20, 2021, and the judgment became final and conclusive on January 20, 2021.

“A previous conviction in the judgment of the court below” among the summary of the evidence, the phrase “1. Before the judgment” added “a summary information inquiry of the case,” and “a summary information inquiry of the Daegu District Court 2019 High Court 201 High Court 1442 High Court 20No645, 2020,” as well as the corresponding column of the judgment of the court below.

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