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(영문) 전주지방법원 2017.08.10 2017노490
상해
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. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.

2. On November 29, 2012, the part of the facts charged by the ex officio judgment prosecutor is a person who has been sentenced to imprisonment for six months with prison labor for an injury at the Jeonju District Court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's

In “The Defendant was sentenced to a suspended sentence of two years on December 22, 2016 to imprisonment with prison labor for an injury at the Jeonju District Court’s Eup branch, and the said judgment became final and conclusive on June 23, 2017.

The judgment of the court below was no longer maintained because it changed the applicable law to " and applied law applied law applied with an application for amendments to Bill of Indictment added to Articles 37 and 39 (1) of the Criminal Act, and this court permitted this and changed the subject of adjudication.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

【The reasoning of the judgment that was used again] The criminal facts and summary of the evidence admitted by the court and the summary of the evidence are the criminal facts of the judgment below, and the judgment of the court below became final and conclusive on June 23, 2017, after being sentenced to a suspended sentence of two years on October 22, 2016 due to the Defendant’s bodily injury in the previous district court’s Eup/Myeon branch court’s imprisonment with prison labor for

“A previous conviction in the judgment of the court below” is added to “a prior conviction in the judgment of the court below” at the end of the summary of the evidence, and except for the addition of “a prior conviction in the judgment of the court below: the defendant’s original testimony in the court below at the end of the summary of the evidence, and thus, it

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes, provided that the latter part of Article 39(1) is 1.1.

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