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(영문) 서울중앙지방법원 2013.08.30 2013노1589
폭력행위등처벌에관한법률위반(공동상해)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Considering that the summary of the grounds for appeal (e.g., the agreement with the victims, the violation of the law, and the fact that the defendant has yet to be found, the punishment of the original judgment (e.g., the imprisonment of the first instance court for 10 months, the suspended execution for 3 years, the imprisonment of the second instance court for 6 months, the suspended execution for 2 years, the community service 160 hours) is too unreasonable

2. The court of original judgment Nos. 1 and 2 sentenced the defendant to 10 months of imprisonment with prison labor for the former, 3 years of suspended execution, 6 months of imprisonment for the latter, 2 years of suspended execution, 160 hours of community service, and 160 hours of imprisonment with prison labor for the latter, and the defendant filed an appeal against each of the above decisions, and the court of first and second trials decided to hold concurrent trials. Each of the crimes against the defendant in the first and second judgments in the concurrent relation of concurrent crimes under the former part of Article 37 of the Criminal Act, should be sentenced to a single sentence within the scope of one of the concurrent crimes under Article 38(1) of the Criminal Act. Accordingly, the judgment of the court below against the defendant cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the original judgment, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 2 (2), (1) and (3) of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (2), (1) and 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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