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(영문) 대구지방법원 2014.01.09 2013노3427
상해등
Text

The judgment of the court below is reversed.

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

Reasons

1. In light of the fact that the defendant's summary of the grounds for appeal is against the defendant, the punishment of the court below (one year and six months of imprisonment) against the defendant is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to four months of imprisonment with prison labor for an injury at the Seo-gu District Court Branch Branch on June 4, 2013, and such judgment became final and conclusive on December 4, 2013.

Since each of the instant offenses committed by the Defendant is in the relationship between the crime subject to the above final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment should be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is to be changed to "the person who has been sentenced to four months of imprisonment with prison labor for an injury in the vice branch of the Daegu District Court on June 4, 2013 and is still pending in trial after having been sentenced to a final judgment on June 4, 2013" in the part concerning the facts constituting an offense of the offense of the lower judgment [criminal records] to "the person who has been sentenced to four months of imprisonment with prison labor for an injury in the vice branch of the Daegu District Court on June 4, 2013 and the judgment became final and conclusive on December 4, 2013," and the summary of the evidence [the person before trial] was added to "the part concerning the investigation report (the copy of the judgment)" as stated in each corresponding column of the

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Aggravation for concurrent crimes;

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