(영문) 인천지방법원 2018.02.21 2017노839 | 리걸엔진

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(영문) 인천지방법원 2018.02.21 2017노839

영유아보육법위반등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

Reasons

1. Of the instant facts charged against the Defendant, the lower court found the Defendant not guilty and convicted the Defendant of the violation of the 2016 Height 4415 and the Infant Care Act.

As to this, the defendant appealed only against the guilty portion, and the prosecutor did not appeal, and the acquittal portion which the defendant and the prosecutor did not appeal is separated and confirmed as it is, the scope of this court's trial is limited to the guilty portion of

2. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

The Defendant also asserted the grounds for appeal as to the initial mistake of facts, but the Prosecutor submitted an application for permission to amend the Bill of Indictment on November 2, 2017 with the content that the Defendant’s assertion of mistake of facts is deleted from the indictment, and this Court permitted the application, and the Defendant led to the confession of the changed facts on the third trial date. As such, the above grounds for appeal cannot be maintained.

3. An ex officio prosecutor filed an application for amendment to a bill of amendment of an indictment with the content of the facts charged below (the original part of the judgment) as stated in paragraph (1) of the same Article. This court permitted the amendment, thereby changing the subject of the judgment.

Therefore, the revised facts charged and the remainder of the facts charged as stated in the judgment below should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the guilty part of the judgment below cannot be maintained any more.

4. In conclusion, the guilty part of the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the guilty part of the judgment of the court below is reversed, and it is again decided as follows.

【The part of the judgment to be used again】 The defendant who committed the crime committed on March 4, 199.

유사 판례

-대구지방법원 2018.03.23 2017노4420

-인천지방법원 2017.08.09 2016노4386

-수원지방법원 2018.01.23 2017노7446

-대전지방법원 2018.12.19 2018노1653

-광주지방법원 2018.09.04 2018노539