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(영문) 부산지방법원 2017.04.20 2016노4973
특수상해등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence (No. 1: Imprisonment with prison labor for 8 months and imprisonment for 10 months) declared by each court below on the gist of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant, and as each of the cases of the judgment of the court below against the defendant appealed in the first instance court, each of the crimes in the judgment of the court below against the defendant is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and a single punishment should be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained

3. The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows through pleadings.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1), 369 (1), 366, 329 (a), 329 (a) and 319 (1) of the Criminal Act (a point of intrusion upon residence, choice of imprisonment with prison labor), and 319 (1) (a point of intrusion upon residence, and choice of imprisonment with prison labor), respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Scope of recommending punishment) / Where a person intrudes into a place other than an indoor residential space (type 4) / Where a person intrudes into a place other than an indoor residential space, he/she does not fall under any of the special circumstances (type 4);

(b) Type 1 (Habitual, repeated crimes, special damage, etc.) of Class 2 (Extent of punishment to be recommended).

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