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(영문) 인천지방법원 2013.11.29 2013노2540
폭행
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The penalty of the court below (the fine of 500,000 won) declared by the defendant against the summary of the grounds for appeal is too unreasonable.

2. As to the concurrent crimes under the latter part of Article 37 of the Criminal Act for ex officio judgment, punishment shall be imposed in consideration of equity and cases where a judgment is concurrently rendered under Article 39(1) of the Criminal Act;

Therefore, the court should try to examine the specific contents of the crime which became final and conclusive through the court's decision or the statement of related persons.

(2) In light of the above legal principles, the lower court did not err by misapprehending the legal principles as to the crime of the Defendant’s crime, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal.

Therefore, the lower court cannot be deemed to have sentenced to punishment for the instant crime in consideration of equity and the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Therefore, the lower court’s judgment was no longer maintained.

3. Accordingly, the judgment of the court below is reversed 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 ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Criminal Records, etc., judgment (In Incheon District Court Decision 2012Da3544, 1077), judgment (In Incheon District Court Decision 2012No3557), and decision (Supreme Court Decision 2013Do2326)” to the summary of the evidence, the summary of the judgment of the court below is identical to that of each corresponding column of the court below.

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