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(영문) 인천지방법원 2019.01.11 2017노3359
폭행
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The defendant does not pay a fine.

Reasons

1. On August 30, 2017, the Defendant filed an appeal against the lower court on the grounds of appeal, and on March 14, 2018, the Defendant failed to file the appellate brief within 20 days from the submission deadline for the appellate brief, even if he/she received the notification of the receipt of the trial records from this court on March 14, 2018, and there

However, there are the following reasons for ex officio destruction of this case.

2. According to the records of ex officio destruction, the Defendant, at the Incheon District Court on July 19, 2017, sentenced to imprisonment with prison labor of 4 months and a fine of 100,000 won for the crime of interference with business, etc., and recognized that the judgment became final and conclusive on September 8, 201

Since the crime of this case is related to the crime subject to the above final judgment and the crime subject to the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Since the application of the statutes of the lower judgment was omitted, the reason for ex

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the following judgment shall be rendered again after pleading

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The defendant was sentenced to imprisonment with prison labor for 4 months and fines of 100,000 won on July 19, 2017 by the Incheon District Court for the crime of interference with business, etc., and the judgment became final and conclusive on September 8, 2017,” and the summary of the evidence is as follows: “1. Copy of the judgment [1....., the copy of the judgment [2016 High Court Decision 2016 High Court Decision 3196, High Court Decision 2017 High Court Decision 2017 High Court Decision 2017 High Court Decision 201Do1240]” is added to the first head of the facts charged as stated in the judgment of the court below, and it is cited as it is in accordance with Article 3

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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