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(영문) 부산지방법원 2018.12.07 2018노3735
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, according to the statement made by the Defendant at the court of first instance, the Defendant was sentenced on June 15, 2018 to one year and six months, and the judgment became final and conclusive on October 8, 2018. As above, the crime of violation of the Narcotics Control Act (fence) and each of the crimes of this case, which became final and conclusive, are concurrent crimes under Article 39(1) of the Criminal Act in relation to the latter part of Article 37 of the Criminal Act, and the punishment for each of the crimes of this case is determined at the same time in consideration of equity and cases where the judgment is to be rendered pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court are the facts charged and the summary of the evidence committed by the court below from 2 to 4 criminal intent of the court below. The above cases are pending in the court of final appeal in the court of final appeal as of the defendant, the defendant, the defendant, the defendant, and the defendant, and the defendant are currently serving in the court of final appeal.

“A sentence of imprisonment with labor for a year and six months, and the judgment became final and conclusive on October 8, 2018.

“A previous conviction in the judgment of the court below” and except for the addition of “a prior conviction in the judgment of the court below” to the column for the evidence, it is identical to each corresponding column of the court below’s judgment. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 276(1) of the Criminal Act (the point of confinement) and the choice of imprisonment, respectively, for the crime;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The aggravated Criminal Act for concurrent crimes.

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