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(영문) 춘천지방법원 강릉지원 2020.02.18 2018노250
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. On May 20, 2016, the Defendant, at around 06:30 on May 20, 2016, had a knife the knife of the victim D’s head, knife the knife of the victim’s head, knife the knife of the victim’s knife, and knife the knife of the

Nevertheless, the court below acquitted the above victim about the special violence, and acquitted the victim E about part of the obstruction of business. There is an error of misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (a fine of five million won, etc.) is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

A. Of the special assault under paragraph (2) of the facts charged of this case in the trial of the prosecutor, he applied for changes in the indictment with the following contents: "A prosecutor brought about knife ( approximately 30 cm in total length, approximately 20 cm in knife) which is a dangerous object adjacent to the relevant knife fishery harbor, and knife as knife the victim." In the interference with the business under paragraph (3), the prosecutor applied for changes in the indictment with the phrase "as the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif k.

B. In addition, according to the records of this case, the defendant was sentenced to 8 months of imprisonment with prison labor for the crime of injury, etc. at the Seocho District Court's territorial branch on July 3, 2019, and 2 years of suspended execution, etc. on July 11, 2019, and the above judgment became final and conclusive. Since each of the crimes in the judgment of the court below against the defendant and the above injury crime, etc., which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, the court below's judgment is equitable in cases where it

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