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(영문) 인천지방법원 2014.04.18 2014노408
상해등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment with prison labor for ten months and a fine of one million won.

The defendant above.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the first instance court: imprisonment with prison labor for a year, and the second instance: a fine of two million won) is too unreasonable; and

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, this Court tried by combining two cases of appeal against the two original judgments. Each of the crimes in the judgment of the original court is concurrent crimes under the former part of Article 37 of the Criminal Act, and the punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act. In this regard, each of the original judgment is no longer maintained.

3. According to the conclusion, without examining the Defendant’s assertion of unfair sentencing, each judgment of the lower court is reversed ex officio under Article 364(2) of the Criminal Procedure Act, and the following judgment is rendered again through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence by the defendant recognized by the court are the same as the corresponding columns of each judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of inflicting bodily injury on September 8, 2013, choice of imprisonment), Article 257(1) of the Criminal Act (the point of inflicting bodily injury on August 29, 2013, and choice of fines).

1. As to the offense under Article 35 of the Criminal Act among repeated crimes (a violation of the Punishment of Violences, etc. Act, a deadly weapon, etc., and an injury committed on September 8, 2013: Provided, That the restriction under the proviso to Article 42 of the Criminal Act shall apply to the offense in violation of the Punishment of Violences, etc. Act;

1. From among concurrent crimes, the former part of Articles 37, 38 (1) 2, 50, and the proviso of Article 42 of the Criminal Act [the crime of violation of the Punishment of Violences, etc. Act, the crime of bodily harm from September 8, 2013, and the crime of bodily harm from September 8, 2013, and the crime of violation of the Punishment of Violences, etc., of which punishment is the most severe] shall be deemed one of concurrent crimes;

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