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(영문) 인천지방법원 2017.10.27 2016노5189
상해등
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.

except that from the date of this judgment.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: the imprisonment of August, the suspension of execution of two years, the observation of protection, the community service order of 120 hours, the second instance judgment: imprisonment of April, the suspension of execution of one year, the community service order of 40 hours, the third lower judgment: imprisonment of August, the suspension of execution of two years, and the community service order of 120 hours) that the lower court sentenced is too unreasonable.

2. We examine the grounds for appeal by the defendant before determining ex officio.

The judgment of the court below in 1, 2, and 3 against the defendant was sentenced respectively, and all of the defendants appealed, and this court decided to consolidate each of the above appeal cases.

Since each crime of the first, second, and third judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act, and the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below Nos. 1, 2, and 3 is reversed ex officio as above. Thus, without examining the defendant's unfair argument about sentencing, all of the judgment below is reversed and it is decided as follows through the pleading under Article 364 (2) of the Criminal Procedure Act.

【The criminal facts and the summary of the evidence admitted by the court in charge of the criminal facts and the summary of the evidence, as well as the summary of the evidence of the first instance judgment, are as follows: “1. The Defendant’s partial statement “B” in the court of the first instance, except for the alteration to the Defendant’s original statement, is as stated in each corresponding column of the lower court’s judgment; thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense, Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment with prison labor), Articles 369(1), 366 of the Criminal Act (the point of destroying special property, the choice of imprisonment with prison labor), Article 319(1) of the Criminal Act (the point of intrusion upon a structure, the choice of imprisonment with prison labor), Article 321 of the Criminal Act (the point of searching a structure), Article 307(2) of the Criminal Act (the point of searching a structure), and Article 307(2) of the Criminal Act (the selection of punishment with prison labor), respectively, are information and communications networks.

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