logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.11.25 2016노4010
특수폭행등
Text

The judgment of the court below is reversed.

As to the crimes of No. 1 and No. 2 in the judgment of the defendant, the crimes of No. 3 and No. 4 in the judgment of the court.

Reasons

1. Progress of lawsuit and the scope of trial of this court;

A. The court below sentenced the defendant to a one-year sentence of imprisonment with prison labor for each crime on which the defendant stated, and appealed the judgment of the court below on the ground of unfair sentencing.

The judgment of the court prior to the remand was accepted by the defendant's appeal and reversed the judgment of the court below, and sentenced the defendant to 8 months of imprisonment with prison labor, and the defendant appealed the judgment prior to the remand on the ground of misunderstanding of legal principles as to concurrent crimes under the latter part of Article 37 of the Criminal Act or incomplete deliberation.

The Supreme Court accepted the Defendant’s assertion of misapprehension of the legal principles as to concurrent crimes under the latter part of Article 37 of the Criminal Act, and deemed that the crime No. 1 and No. 2 in the judgment against the Defendant was in the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Game Industry Promotion Act, which was sentenced on March 29, 2012. Thus, the judgment prior to remand was examined on the date of confirmation of the judgment on the crime of violation of the Act on Promotion of Game Industry, and then, on the criminal facts in the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Act on Promotion of Game Industry, a sentence shall be imposed in consideration of equity in the case where the judgment was rendered concurrently with the crime

B. The scope of the judgment of this Court after remanding according to the purport of remanding the judgment of this Court is all the facts charged of this case.

2. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

3. According to the records of ex officio determination, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Game Industry Promotion Act at the Jeonju District Court on March 29, 2012, and the above judgment became final and conclusive on April 6, 2012. The crime of Articles 1 and 2 in the judgment becomes final and conclusive.

arrow