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(영문) 대전지방법원 2014.11.26 2013노3240
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (2 million won of fine) is too unreasonable.

Before the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to a suspended sentence of six months on September 5, 2013 due to a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) in the astronomical Branch of the Daejeon District Court on September 5, 2013, and the judgment became final and conclusive on September 13, 2013. As above, the crime of violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) and the crime of this case in the concurrent crime under the latter part of Article 37 of the Criminal Act are determined after examining whether to reduce or exempt punishment in consideration of equity and the case is concurrent crime under Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained

Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument on the grounds of ex officio reversal, and the judgment below is again ruled as follows.

[C] The summary of the facts of the crime and evidence admitted by the court below is as follows. The summary of the facts of the crime and evidence admitted by the court below is as stated in the corresponding column of the judgment of the court below, except for the addition of "the defendant was sentenced to two years of suspension of execution for six months in prison due to the violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) in the Daejeon District Court's Support in Yancheon Branch on September 5, 2013, and the judgment became final and conclusive on September 13, 2013" as stated in the corresponding column of the judgment of the court below. Thus, it

Application of Statutes

1. Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the selection of fines for the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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