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(영문) 의정부지방법원 2019.10.17 2019노1440
폭력행위등처벌에관한법률위반(공동상해)등
Text

1. All appeals filed by Defendant A and prosecutor are dismissed.

2. Defendant B’s appeal is dismissed.

3...

Reasons

1. Summary of grounds for appeal;

(a) Each public prosecutor (defendant A, B, C, and I) sentencing and police officer (one year and four months of imprisonment, a fine of 5 million won, a fine of 40 million won, a completion of a sexual assault treatment program, the defendant C: 10 months of imprisonment, and the defendant I: Imprisonment with prison labor for not less than eight months and a stay of execution for not less than two years);

B. The sentencing of Defendant A, D, and E (the imprisonment of eight months, and the imprisonment of six months)

2. Ex officio determination

A. On November 30, 2018, Defendant D was sentenced to six months of imprisonment with prison labor for special larceny, two years of suspended execution, special bodily injury, special larceny, and violation of the Road Traffic Act (unlicensed Driving) at the District Court of Jung-gu on November 30, 2018. The judgment became final and conclusive on June 22, 2019.

However, each crime in the judgment of the first instance court (the occurrence of October 26, 2018 to October 28, 2018) shall be sentenced to punishment in consideration of equity between the two concurrent crimes with the above special injury crime, special larceny, violation of the Road Traffic Act (unlicensed Driving) and the latter part of Article 37 of the Criminal Act, which became final and conclusive by the judgment of ten months of imprisonment. Thus, the part against the defendant in the judgment of the first instance court cannot be maintained any more.

B. The purport of Article 254(4) of the Criminal Procedure Act (amended by Act No. 1010, Oct. 26, 2018; Act No. 1010, Jan. 26, 2018; Act No. 10144, Oct. 26, 2018; Act No. 10135, Oct. 26, 2018; Act No. 2014, Jan. 2, 2018; Act No. 2014, Jan. 2, 2018; Act No. 2010, Jan. 2, 2018; Act No. 2020, Jan. 2, 2018; Act No. 2020, Jan. 2, 2015; Act No. 2020, Jan. 2, 201).

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