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(영문) 부산지방법원 2019.08.20 2019노1835
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Determination of the summary of the grounds for appeal (unfair imprisonment with prison labor and in April) is unreasonable;

2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing range under the attached sentencing guidelines (at least two months of imprisonment).

However, the circumstance that the defendant agreed with the victim was not reflected in the appellate court.

In full view of the sentencing factors and other factors of sentencing that are set forth in the sentencing guidelines for the crime of violation of the Punishment of Violences, etc. Act (joint injury), the amount of the original sentence is recognized as inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) of the Immigration Control Act (the point of staying outside the period of stay

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

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