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(영문) 대전지방법원 2015.05.14 2015노261
폭행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,00) of the original judgment is too unreasonable.

2. Crimes for which an ex officio decision without prison labor or a heavier punishment has become final and the crimes committed before such decision has become final and conclusive shall constitute concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a sentence shall be imposed in consideration of equity in cases where a crime among concurrent crimes provided for in Article 39 (1) of the Criminal Act and a crime for which judgment has not become final

According to the records, the Defendant was sentenced to eight months of imprisonment on January 22, 2015 for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the support of the Daejeon District Court on the Incheon District Court on April 17, 2015, and the above judgment became final and conclusive on April 17, 2015, and the Defendant committed each of the crimes of this case prior to

As above, since the crimes for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, in accordance with Article 39(1) of the Criminal Act, punishment for the crimes of this case shall be sentenced in consideration of equity in cases where each crime of this case and judgment have become final and conclusive at the same time

Since the lower court sentenced a sentence without considering this, the lower court was no longer able to maintain it in this respect.

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

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is to be added to the first head of the crime, except for the case where "the defendant was sentenced to eight months imprisonment on January 22, 2015 due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Support of the Daejeon District Court on the 2015, and the judgment became final and conclusive on April 17, 2015."

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