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(영문) 부산지방법원 2017.10.13 2017노352
폭력행위등처벌에관한법률위반(공동상해)등
Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for a period of four months.

Reasons

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 2 months and imprisonment with prison labor for 2 months) by the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant. ① The defendant filed an appeal against the judgment of the court below and the pleadings were combined at the trial of the court. Since each crime the judgment of the court below puts on order is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above crimes cannot be maintained in this respect, and ② according to the statement made by the defendant at the court of the court of the party and the statement of the judgment compiled in the investigation report (verification of suspect A repeated crime, etc.), the defendant was sentenced for one year and six months at the Busan District Court on November 11, 201, and the judgment of the court below became final and conclusive on April 10, 201, each crime of violation of the Punishment of Violences, etc. Act (Composition and activities of organizations, etc.) and Article 38(1) of the Criminal Act becomes concurrent with each of the above crimes of violation of the Act (Article 17(1) of the Criminal Act).

3. Accordingly, the part against the defendant among the judgment of the court of first instance and the judgment of the court of second instance on the grounds of the above reversal ex officio. Thus, without examining the defendant's unfair argument about sentencing, the part against the defendant among the judgment of the court of first instance and the judgment of the court of second instance are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below

Criminal facts

The summary of the evidence and criminal facts recognized by the court and the summary of the evidence are as follows.

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