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(영문) 광주지방법원 2021.03.30 2020노457
폭행등
Text

The judgment of the court of first instance and the judgment of the court of second instance are all reversed.

On June 21, 2018, the defendant committed violence.

Reasons

The summary of the grounds for appeal of the prosecutor's appeal of the first instance court against the judgment of the court below is unreasonable, because the punishment of the first instance judgment (3 million won of punishment) is too uneasible.

The defendant's second appeal against the judgment of the court below of the court below (2 million won in penalty) is too unreasonable.

Before the judgment on the grounds for appeal by authority, the judgment of the court below Nos. 1 and 2 cannot be maintained for the following reasons.

A. On June 21, 2018, the Defendant was sentenced to one year to imprisonment with prison labor, three years of suspended execution (Gohap 21, 2018, Gohap Branch of the Gwangju District Court), and the judgment on June 29, 2018 became final and conclusive on the following grounds:

However, inasmuch as the only person who committed the crime of assault (hereinafter “crime of assault by a person on June 21, 2018”) as indicated in the judgment of the court below (hereinafter “crime of assault by a person on June 21, 2018”) is in a concurrent relationship with the attempts to commit the crime of assault by a person on June 29, 2018, which became final and conclusive on June 29, 2018, after Article 37 of the Criminal Act, the crime of assault by a person on June 21, 2018 and the remaining crimes of the first instance judgment should be punished separately.

Nevertheless, the judgment of the court of first instance has the relation of concurrent crimes under the former part of Article 37 of the Criminal Act.

On the other hand, one sentence was sentenced.

B. The first and second lower judgment was pronounced, and the prosecutor appealed against the first lower judgment, and the Defendant appealed against the second lower judgment, and this court decided to jointly deliberate on the appeal cases.

The first instance court's judgment against the defendant shall be sentenced to a single punishment pursuant to Article 38 (1) of the Criminal Act in relation to each crime of insult, interference with business affairs, and each crime under the second instance of Article 37 of the Criminal Act as stated in the judgment of the court below.

(c)

On September 15, 2020, the Defendant was sentenced to imprisonment with prison labor for one year and four months and a fine of 20,000 won for the crime of property damage in the wooden Branch of the Gwangju District Court [Article 583, 892, 892, 1087, 1167, 1217 (Consolidation)] and the above judgment became final and conclusive on February 10, 2021.

No. 1. The crime of insult, interference with each business, and No. 2.

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