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(영문) 의정부지방법원 2015.09.22 2015노1727
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of KRW 2,00,000 (fine 2,000) is too unreasonable.

2. According to the evidence duly adopted and examined by the trial court on April 21, 2015, prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) by the District Court on April 29, 2015 and the judgment on April 29, 2015 became final and conclusive.

As the crime of the judgment of the court below and the above violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the defendant for which the judgment of the court below became final and conclusive, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment for the crime of the judgment of the court below should be imposed in consideration of equity in the case where the judgment is to be rendered at the same time

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The first head of the judgment of the court below added "the defendant was sentenced to two years of imprisonment with prison labor on April 21, 2015 by the District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles)" to "the above judgment became final and conclusive on April 29, 2015," and "1. The previous records in the summary of the evidence were the same as the corresponding column of the judgment of the court below, except for addition of "conetnet case search and court rulings". Thus, this is cited as it is in accordance with Article 3

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

3. Article 70 of the Criminal Act for the Detention of Labor House Head.

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