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(영문) 부산고등법원 (창원) 2020.02.05 2019노240
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

10,000 won shall be collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes / Defendant 1) / misunderstanding of facts (Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes / Defendant 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes / Defendant 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes / The other interesting that the victim was arrested by informing the investigation agency that he committed a narcotics crime by informing the victim of the fact that he committed a narcotics crime. However, there was no intimidation against the victim for the purpose of retaliationing the victim’s statement of damage from a special injury by the victim. Nevertheless, the court below found Defendant

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. In the case of an ex officio determination of the facts charged at the trial, the prosecutor applied for amendments to a bill of amendment (Article 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes) of the facts charged (Article 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes). Since this court permitted the amendment and changed the subject of the judgment, the above part of the judgment of the court below was no longer maintained. The court below rendered a single sentence on the ground that the facts charged and the remaining facts charged constitute concurrent crimes under the former part of Article 37 of the Criminal Act.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there are such reasons for ex officio reversal, and this is examined

The modified indictments

2. A violation of the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) was committed by the Defendant, after having committed the crime as provided in paragraph (1), upon the request of E, who is his/her own seat, to identify the status of the victim, and the victim was committed by the Defendant.

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