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(영문) 창원지방법원 2018.09.12 2018노671
상해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

A knife knife knife knife (No. 1).

Reasons

1. The summary of the grounds for appeal in the judgment of the court below (No. 1 year of imprisonment, and No. 2 of imprisonment: 6 months of imprisonment) is too unreasonable (the Defendant’s assertion of mistake as to the facts of the judgment of the court below No. 2 on the fourth trial date of the judgment of the court below). 2. We examine ex officio prior to the judgment on the grounds for appeal ex officio prior to the judgment on the grounds for appeal.

The judgment of the court below against the defendant was rendered, and the defendant filed each appeal against the judgment of the court below, and the court decided to consolidate the above two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. According to the conclusion, the judgment of the court below is reversed ex officio in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal which was unfair for sentencing, and the judgment below is reversed in its entirety, and it is so decided as follows through a new theory of change.

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

Application of Statutes

1. Article 257 (1) of the Criminal Act (the point of injury), Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation) concerning criminal facts, Article 71 (1) 2 and subparagraph 3 of Article 17 of the Child Welfare Act (the point of physical abuse against a child);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the crimes of special intimidation and the crimes of violation of the laws of the branch of children, and the punishment imposed on the crimes of special intimidation, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavy injury) shall be imposed for concurrent crimes;

1. Confiscation.

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