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(영문) 울산지방법원 2021.01.14 2020노1266
상해등
Text

The judgment below

Part concerning the crime Nos. 2 through 5 of the judgment shall be reversed.

The crimes of the defendant are crimes of the 2 to 5 of the above judgment.

Reasons

1. The lower court dismissed the prosecution as to the assault against the victim B among the facts charged in the instant case, and convicted the remainder of the facts charged.

In this regard, only the defendant appealed against the guilty portion, and since the prosecutor did not appeal against the dismissal portion of the above public prosecution, the dismissal portion of the above public prosecution which the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The main sentence of the appeal is too heavy.

3. The Defendant agreed to the victim H of the crime No. 4 of the judgment of the court below, which was the first instance judgment.

In addition, when considering the conditions of sentencing specified in the record, the sentence of the court below on the crime No. 1 in the judgment of the court below is deemed appropriate, but the sentence of the court below on the crime No. 2 or 5 in the judgment of the court below is too unreasonable to maintain it as it is.

4. In conclusion, since the defendant's appeal against the part concerning the crime Nos. 2 through 5 in the judgment of the court below is justified, the part concerning the crime Nos. 2 through 5 in the judgment of the court below is reversed, and the defendant's appeal against the part concerning the crime No. 1 in the judgment of the court below is dismissed

[Reasons for the new judgment on the part concerning crimes Nos. 2 through 5 in the judgment of the court below] The summary of facts constituting a crime and evidence falls under the column of the judgment of the court below (excluding the part concerning crimes No. 1 in the judgment of the court below).

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury) and Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment for the crime;

1. The defendant's reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes as provided for in the crime of injury to victim B with the largest penalty) of the Act on the Aggravated Punishment of Concurrent Crimes is as follows.

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