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(영문) 광주고등법원 2018.09.06 2018노160
강도상해등
Text

We reverse the judgment of the court below.

The punishment of the accused shall be four years of imprisonment.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The judgment of the court below was sentenced to the first and second judgment against the defendant, and the defendant appealed against the judgment of the court below, and this court decided to hold a joint hearing of each appeal case.

The crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Code, and thus, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed in its entirety without examining the defendant's unfair argument of sentencing, and the following is determined through oral argument, since the above grounds for reversal are established ex officio.

【Judgment to be used again] The facts constituting a crime and the summary of evidence recognized by the court and the summary of the evidence are identical to the corresponding column of each judgment of the court below, except for the alteration of the "Northern Police Station" of the first instance judgment to the "Mining Police Station". Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crime (a point of view), Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act, Article 337 of the Criminal Act, the main sentence of Article 144(2), Articles 144(1), 136(1) of the Criminal Act (a point of causing interference with the performance of special duties), Articles 144(1) and 136(1) of the Criminal Act, each of the Criminal Act, Article 141(1) (a) of the Criminal Act, Article 148-2(2)1 and 44(1) of the Road Traffic Act (a point of view of interfering with the performance of special duties)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of causing interference with the performance of special official duties against N and the crime of causing damage to public goods against O patrols, and punishment, Q and R, which are imposed on the crime of causing interference with the performance of special official duties against N, and the crime of causing damage to public goods against S patrols, which are the largest between the crimes of causing interference with the performance of special official duties against N and the crimes of causing damage to public goods against S patrols.

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