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(영문) 창원지방법원 2016.10.26 2016노1399
특수상해등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3. A knife (No. 1), seized;

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 2 years, confiscation, and imprisonment with prison labor for 2 months) by the lower court is too unreasonable.

2. The judgment of the court below against the defendant for ex officio determination was rendered, and the defendant filed an appeal against it, and this court decided to hold a joint hearing of the above two appeals. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 260(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 319(1) of the Criminal Act, Articles 258-2(1) and 257(1) of the Criminal Act (the point of injury to carry dangerous articles), Articles 257(1) of the Criminal Act (the point of injury to carry dangerous articles), Articles 369(1) and 366 of the Criminal Act, Article 319(1) of the Criminal

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, each of the crimes in this case is committed by the Defendant with the victim E on several occasions during the marriage with the victim E, and the victim E in knife and knife, which are dangerous things by finding a separate residence prepared by the victim E even after the marriage relationship has ceased.

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