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(영문) 의정부지방법원 2013.08.29 2013노1129
폭력행위등처벌에관한법률위반(공동폭행)등
Text

All judgment of the court below shall be reversed.

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

1. The summary of the grounds for appeal is that the original sentence (the first instance court: the 500,000 won of each suspended sentence (each fine) and the second instance court: the 200,000 won of each suspended sentence (each fine of 200,000 won) of each of the Defendants are too uneasible and unfair

2. The Defendants appealed against each of the above decisions in the Jinyang Branch of the High Government District Court Decision 2012 High Court Decision 1756, the suspension of the sentence of KRW 500,000,000,000,000,000,0000,000 won for each of the crimes in the High Government Branch of the High Court Decision 2012 High High Court Decision 201Da1896, which was tried separately. The arguments were joined in the proceedings of the trial at the trial. Since each of the crimes against the Defendant against which the lower court rendered against the Defendant was concurrent crimes under the former part of Article 37 of the Criminal Act, the lower court, which separately sentenced each of the crimes, cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a further determination on the prosecutor’s allegation of unfair sentencing, and the judgment below is also reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are identical to the sum mentioned in each corresponding column of the original judgment, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), the selection of each fine;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be suspended from sentence: Fine of 700,000 won; and

1. Defendants to be detained in a workhouse: the Criminal Act.

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