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(영문) 서울고등법원 2017.11.15 2017노1834
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The judgment of the court of first instance and the judgment of the court of second instance are all reversed.

Defendants shall be punished by imprisonment for one year and six months.

(b).

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the lower court’s punishment [Defendant A: Imprisonment with prison labor for one year and six months (the first instance court’s judgment); Defendant B; imprisonment for one year and six months (the first instance court’s judgment); imprisonment for six months (the second instance court’s judgment)] against the Defendants is too unreasonable.

Defendant

B The defense counsel in B will present a supplementary statement of the reasons for appeal concerning the mistake of facts about the judgment of the court of first instance on the first trial date after the deadline for submitting the statement of reasons for appeal expires.

Although the statement stated, there is no particular argument about the mistake of fact, and even after ex officio examination of it, there is no error of misunderstanding of fact in the judgment of the first instance court.

2. Prior to the judgment on the grounds for ex officio appeal against Defendant B, this paper examined ex officio.

As to the judgment of the first instance against the Defendants, the Defendants filed each appeal against the judgment of the second instance against Defendant B, and the first instance court decided to consolidate the judgment of the first instance and the judgment of the second instance with the judgment of the second instance.

Defendant

B-1 Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) and the special intimidation as stated in the judgment of the court of the court of the second instance in the judgment below are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, among the judgment of the court of the first instance against the Defendants, the part against Defendant B and the judgment of the court of the court

3. The crime of this case as to Defendant A’s assertion of unfair sentencing is a crime of causing injury to the victim by plucking, plucking, and plucking, etc. of the victim, who was operating a taxi, while under the influence of alcohol with Defendant A, by taking a bath to the victim, who was a taxi driver, without any particular reason, and cutting off and digging up, etc. the victim’s right hand hand hand hand over while driving the taxi. The crime of this case is a crime of causing injury to the victim by plucking, plucking, etc. for about three weeks.

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