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(영문) 수원지방법원 2014.05.15 2014노700
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of fine) is too large.

2. Prior to the judgment on the assertion of unfair sentencing by the Defendant on the grounds of ex officio determination, the record reveals that the Defendant was sentenced on November 8, 2012 by the Seoul Central District Court for the crime of interference with business, etc., and the judgment became final and conclusive on January 3, 2013. As such, the crime of interference with business, etc., for which the judgment became final and conclusive and the crime of injury in this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, after considering the case of concurrent crimes under Article 39(1) of the Criminal Act and the equity and the case of injury in this case, after examining whether to reduce or exempt the sentence. As such, the lower court did not take such measures, the lower court became

3. Accordingly, the judgment of the court below is reversed in accordance with 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 evidence admitted by this court is as follows: "The defendant was sentenced on November 8, 2012 to imprisonment with prison labor and one year and six months with prison labor at the Seoul Central District Court on the crime of interference with business, etc. on November 8, 2012 and the judgment became final and conclusive on January 3, 2013" in the summary of the evidence; and except for addition of "1..........................., each court's judgment was stated in the corresponding column of each court's judgment; therefore, it is cited pursuant

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is a large number of defendants.

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