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(영문) 춘천지방법원 2015.06.17 2015노283
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the case of insulting several persons by expressing abstract judgments or sacrific sentiments that may undermine social evaluation, several offenses of insult are established according to the number of victims. In the case where such sacrific expressions were made in the same opportunity at the same place, and where such sacrific expressions were deemed to have been made in the same opportunity at the same place, several offenses of insults are in a mutually competitive relationship.

Among the facts charged in this case, each insult of the facts charged of this case is that "the defendant made a public insult of the victims by openly insulting the victim by referring to "Ye Mak Mak Makkk nk nb nb" with a large voice from among residents who are only the victim G and the victim H." In light of the above legal principles, each insulting act of insulting the victim G and H is established, and the crime of insulting the victim G and H is in a mutually competitive relationship with each other. However, the court below erred by misapprehending the legal principles on the judgment on the number of crimes, which affected the conclusion of the judgment.

Therefore, the judgment of the court below can no longer be maintained.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Criminal facts;

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