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(영문) 서울중앙지방법원 2018.06.29 2017노3717
폭행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unhued and unreasonable.

2. On March 22, 2018, the defendant was sentenced to eight months of imprisonment with prison labor for an injury to the Seoul Central District Court on March 30, 2018, and the above judgment became final and conclusive on March 30, 2018. The crime of the crime of the judgment below and the above crime of the defendant, which became final and conclusive on March 30, 2018, shall be sentenced to punishment for the crime of the judgment of the court below in consideration of equity with the case where the judgment was rendered simultaneously in accordance with the first sentence of Article 39(1) of the Criminal Act, and Article 39 of the Act applicable to the defendant in the trial of the court at the same time applies to the defendant, and this court is unable to maintain the judgment of the court of the court below because the defendant applied for amendment of the indictment to add "Articles 37 and 39(1) of the Criminal Act" to "Article 39(1) of the Criminal Act to the defendant at the trial of the court

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] Criminal facts and summary of evidence acknowledged by this court and summary of evidence are all criminal facts of the judgment below, and the judgment below became final and conclusive on March 30, 2018 after having been sentenced to eight months of imprisonment with prison labor for injury at the Seoul Central District Court on March 22, 2018.

“1. A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for the addition of “1. A summary information inquiry and judgment (2017 order 7452)” to the summary of the evidence, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes:

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