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(영문) 부산고등법원 2017.10.11 2017노253
강도상해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a maximum of two years and six months, and a short of two years.

Reasons

1. The summary of the grounds for appeal (i.e., imprisonment with prison labor for a maximum of four years, three years and six months, and (ii) imprisonment for a maximum of 10 months, a short of six months, and (iii) the third judgment: a maximum of six months, and a short of four months) of the original judgment is too unreasonable.

2. Each appeal case against the judgment of the court below was consolidated at the trial of the court below.

Since each crime in the judgment of the original court is in the concurrent crime relationship under the former part of Article 37 of the Criminal Code, one punishment should be sentenced within the scope of the punishment aggravated for concurrent crimes.

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided upon without examining the defendant's unfair argument of sentencing, since there are grounds for reversal ex officio as seen above.

[Grounds for a new judgment] The summary of facts constituting a crime and evidence is the same as that of each corresponding part of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the point of inflicting bodily injury on the crime: Article 337 of the Criminal Act: The point of jointly inflicting bodily injury under Article 257(1) of the Criminal Act (the choice of imprisonment with prison labor): Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (the choice of imprisonment with prison labor) of the same Act: Article 152(1) and Article 31(1) of the Criminal Act (the choice of imprisonment with prison labor)

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is a juvenile who is deemed to be in considerable consideration of his/her characteristics) of the Juvenile Act mitigated to juveniles;

1. Articles 153 and 55 (1) 3 (limited to the crime of aiding and abetting perjury) of the Criminal Act to be mitigated;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with the punishment prescribed in the most serious crime of robbery);

1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).

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