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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2007.11.21 2006노1693
폭력행위등처벌에관한법률위반(상습상해) 등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The judgment of the court of first instance is rendered.

Reasons

1. Prior to the judgment on the grounds of appeal concerning the judgment of the court of first instance (with respect to the judgment of the court of second instance, the defendant and his defense counsel did not submit the grounds of appeal within the lawful period for submission of the grounds of appeal, and the petition of appeal does not contain any statement in the grounds of appeal), the defendant brought an appeal against the judgment of the court of first instance and the judgment of the court of second instance, and each of the appeals case was tried jointly at the court of first instance. The facts constituting the crime of each of the above cases against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced simultaneously pursuant to Article 38(1)2 of the Criminal Act. Thus, the judgment of the court below

2. We examine the grounds for appeal as to the judgment of the court of first instance on the ground of the above ex officio reversal, but the mistake of facts or misapprehension of legal principles among the grounds for appeal concerning the judgment of the court of first instance, and the allegation of mental or physical disorder is subject

A. The facts of mistake or misapprehension of legal principles (Article 3 of the crime in the judgment of the first instance court) asserted that the first instance court's judgment was erroneous since the defendant was found to have committed habitual injury to this point even though the defendant was not using violence in the process of melting or resisting the sanction against the victim G, who is a police officer, even though the defendant was not using violence in order to inflict the above victim's injury. Thus, according to the evidence duly examined and adopted by the first instance court, the defendant was sleep of the above victim's boom and slick, and thus, the above victim's boom and slick on the chest. Furthermore, the defendant was a crime of violation of the Punishment of Violence, etc. Act (joint damage at night) on February 14, 2005, a property damage and damage on July 15, 2005, and a crime of violation of the Punishment of Violences, etc. Act on September 9, 2005 (joint punishment at night).

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