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(영문) 수원지방법원 2016.10.26 2016노5285
특수폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, confiscation) of the lower court is deemed to be too unhued and unreasonable.

2. We examine ex officio prior to determining the grounds for appeal by the ex officio judgment prosecutor.

According to evidence duly adopted and examined by the trial court, the defendant was sentenced to four months of imprisonment with prison labor for an injury, etc. at the Suwon District Court on August 18, 2016, and the judgment became final and conclusive on August 26, 2016.

Therefore, the punishment for the crime of injury and the crime of injury in the judgment of the court below against the defendant, which became final and conclusive, shall be sentenced in consideration of equity in the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act, since the crime of injury and the crime of injury in the judgment of the court below against the defendant are concurrent crimes under the latter part of

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts constituting a crime and the evidence admitted by the court in light of the summary of the facts constituting a crime and the facts charged and the summary of the evidence are as follows: the first head of the judgment of the court below; the defendant was sentenced to four months of imprisonment with prison labor by the Suwon District Court on August 18, 2016; and the judgment became final and conclusive on August 26, 2016; and “a summary of evidence” means the last; and “a summary of the judgment of the court: a copy of the judgment of the previous offense: a copy of the judgment of the judgment of the court of first instance; and an auxiliary agreement of the case” are as stated in each corresponding column of the judgment of the court below; thus

Application of Statutes

1. Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 261 of the Criminal Act and Article 260 (1) of the Criminal Act (the point of special violence and the choice of imprisonment) of the applicable law and the choice of punishment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 30 (1) of the Criminal Act concerning concurrent crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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