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(영문) 인천지방법원 2015.12.16 2015노1815
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

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

2. The ex officio determination prosecutor applied for the written indictment to change the phrase “the head’s head’s head’s sleep, etc.” in the indictment of this case from the trial court to “the head’s sleep, etc.” in the indictment of this case, and this court permitted this and changed the subject of the judgment, the judgment of the court below was no longer maintained.

3. Therefore, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal on the grounds of unfair sentencing, and the judgment below is again reversed, and it is so decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for correction of the "the head's head's head's head's head's head's head's straw, etc." under Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act, including the records and arguments of this case, and the fact that there is no agreement with the victim, shall be determined as per the order.

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