logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.07.23 2014노526
상해등
Text

The judgment of the court of first instance and the judgment of the court of second instance are reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 1 year and 2 year for 1 year for 1 year for 1 year for 1 year for 2 years for 2 years for 1 year for 3 years for 3 years for

2. The first and second court rendered a separate judgment after ex officio determination on the defendant, and the defendant filed an appeal in entirety against the above decisions, and the court decided to consolidate the above appeals cases.

Each of the first and second original judgments against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, each of the above original judgments is no longer maintained.

3. Accordingly, the judgment of the court below of this case is reversed in its entirety under Article 364 (2) of the Criminal Procedure Act without examining the defendant's respective grounds for reversal of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are the same as the entries of the judgment of the court of first instance and the judgment of the court of second instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 257 (1) of the Criminal Act for the crime (a point of injury), Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, Article 152 (1) and Article 43 of the Road Traffic Act for each of the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act were examined, and the defendant led to the confession of each of the crimes in this case.

arrow