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(영문) 울산지방법원 2017.08.25 2016노2015
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. A person who has filed an appeal ex officio shall not submit a written reason for appeal within the period for submission of the written reason for appeal, and shall not include the reason for appeal in the petition of appeal;

However, it is judged that there are the following reasons for ex officio investigation.

According to the records of this case, the Defendant was sentenced to imprisonment with prison labor for 9 months at the Ulsan District Court on April 25, 2017 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. and was sentenced to a two-year suspended sentence, and the above judgment was finalized on May 3, 2017.

The crime of injury to the defendant and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) against which the judgment of the court below has become final and conclusive is in a concurrent relationship with the latter part of Article 37 of the Criminal Act, and after considering equity with the case to be judged at the same time pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence, the judgment of the court below

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, since there is a ground for reversal ex officio as above.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are all the facts constituting the crime of the court below. "The defendant was sentenced to a suspension of execution for nine months by the Ulsan District Court on April 25, 2017 due to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)." The above judgment was finalized on May 3, 2017. The summary of the evidence added "1............ of the judgment: 2017 order 344)," and the summary of the evidence as stated in each corresponding column of the court below except for adding "the screen of KICS inquiry" to the summary of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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