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(영문) 수원지방법원 2013.11.14 2013노3027
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (two million won of fine) is too large.

2. According to the records of ex officio determination, the Defendant, at the Sung-nam Branch of the Suwon District Court on February 20, 2013, may be recognized as having been sentenced to imprisonment for one year, confiscation, and additional collection on the grounds of the violation of the Act on the Control of Narcotics, Etc. (fence) and the said judgment became final and conclusive on July 9, 2013. The above crime and the injury of this case, for which the judgment became final and conclusive, are in a concurrent relationship under the latter part of Article 37 of the Criminal Act, and are concurrently judged pursuant to Article 39(1) of the Criminal Act, taking into account equity and taking into account whether to reduce

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's ex officio grounds for reversal of unfair sentencing.

Criminal facts

The summary of the facts and evidence admitted by this court is that of the judgment of the court below, and the summary of the facts and evidence is as follows: “The defendant was sentenced to one year of imprisonment, confiscation and collection due to a violation of the Act on the Control of Narcotics, etc. (fence) at the Sungnam Branch of the Suwon District Court on February 20, 2013, and the above judgment became final and conclusive on July 9, 2013.” The summary of evidence “the summary of the evidence” is the same as the corresponding column of the judgment of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (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 dealing with concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which acknowledges the defendant's crime, reflects the mistake, and the defendant is a variety of crimes of the same kind or different kind.

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