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(영문) 대전지방법원 2018.08.22 2018노665
상해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant 2’s decision to decide on the original adjudication (two months of imprisonment) is too unreasonable.

(b) The sentence of the first decision of the Prosecutor (one year of imprisonment) is too unhued and unreasonable;

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

As the second instance judgment and each case of the first instance judgment appealed by the public prosecutor, the first instance judgment against the defendant became combined in the trial of the party, and the second instance judgment against the defendant became concurrent crimes under the former part of Article 37 of the Criminal Code.

In this case, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the first and the second judgment can no longer be maintained.

3. In conclusion, the judgment of the court below No. 1 and the judgment of the court below No. 2 on the ground that there are grounds for reversal of authority as above, and thus, the judgment of the court below as to the defendant and the prosecutor's improper assertion of sentencing is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Article 260(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, each choice of imprisonment with prison labor, for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with severe special intimidation) of the Act on the Aggravated Punishment of Concurrent Crimes is that the Defendant committed each of the crimes of this case without being aware of the period of repeated crimes even though he/she was sentenced to punishment for the same special bodily injury in 2016.

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