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(영문) 대구지방법원 2018.03.23 2017노4420
상해등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The lower court rendered a judgment dismissing a public prosecution regarding the insult of the facts charged in the instant case, and rendered a judgment of conviction as to the remainder of the facts charged.

Since the dismissal part of a public prosecutor’s appeal against the guilty part of the judgment of the court below for the reason that the sentencing was unfair, which was not appealed by the prosecutor, is separate and finalized depending on the expiration of the period of appeal, the judgment of the court below is to be made only for the guilty part

2. Summary of reasons for appeal;

A. The sentence (one year and four months) imposed by the lower court on the Defendant (unfair sentencing) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence imposed by the lower court against the Defendant is too unfasible and unfair.

3. An ex officio determination prosecutor filed an application for changes in the indictment with the content that “the injury, such as a pelpelus, etc., in need of approximately seven weeks of treatment” under Article 1 of the facts charged in the instant case changed the term “the injury, such as a pelpelus, etc., to “the number of days of treatment, the proposition of non-merchants, and other injury, such as the influence of the part in which it is unknown

Therefore, the judgment of the court below that found the Defendant guilty of the remainder of the charges except for the insult of the Defendant, including the charges prior to the alteration, and that a single sentence can no longer be maintained.

4. Thus, the guilty part of the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the unfair argument of sentencing between the defendant and the prosecutor.

[Grounds for a new judgment] Criminal facts and the summary of evidence recognized by this court are as follows: [Criminal facts] 10-11 criminal facts on the 5th page of the judgment below [In conclusion, the defendant inflicted injury on the victim, such as a charnel of a charnel, etc. in need of approximately seven weeks of treatment] [The defendant eventually sustained injury to the victim, etc.].

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