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(영문) 전주지방법원 2015.12.16 2015노904
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the original judgment (one million won of fine) is too large.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to the records, on October 14, 2014, the defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for at least six months for night building intrusion larceny at the Jeonju District Court on October 22, 2014, and the above judgment became final and conclusive on May 29, 2015, which was sentenced to one year of suspension of the execution of imprisonment with prison labor for at least two months at the Jeonju District Court on May 21, 2015, and the above judgment became final and conclusive on May 29, 2015. Since the crime of the judgment of the court below against the defendant and the above crime of night building intrusion, larceny, and intimidation with the latter part of Article 37 of the Criminal Act are concurrent crimes under the latter part of Article 39(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and it is again decided as follows after oral argument.

【The judgment of the court below, which held in multiple times] The criminal facts and the summary of the evidence and the criminal facts of the court below, are added to the first head of the judgment of the court below as follows: “The defendant was sentenced to one year to a suspended sentence of six months of imprisonment with prison labor at night district court on October 14, 2014 due to the night building intrusion and larceny at night, and the above judgment became final and conclusive on October 22, 2014; on May 21, 2015, the previous district court sentenced one year to a suspended sentence of two months of imprisonment with prison labor for intimidation at the previous district court on May 29, 2015; and on May 29, 2015, the above judgment became final and conclusive on May 2015.” The summary of the evidence added "1.

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