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(영문) 부산지방법원 2020.01.17 2019노2590
폭력행위등처벌에관한법률위반(공동상해)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for one year and six months) of the lower court’s sentence (in the second instance court: imprisonment with prison labor for one year and six months); and

2. The judgment of the first and second court on the defendant's ex officio judgment was rendered, and the defendant filed an appeal against the first and second judgment on the judgment of the court below, and the court decided to hold the above two cases together.

Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as it is.

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 2 (2) 3 and Article 257 (1) of the Punishment of Violences, etc. Act concerning the crime, Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, Articles 261 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, the selection of imprisonment for each of the types of punishment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The scope of punishment by law: Imprisonment with prison labor for one month to fifteen years and nine months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of Violation of the Punishment of Violences, etc. Act (determination of type) (Article 1) (No general injury [Article 1] general injury [the area of recommendation and the scope of recommendation].

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