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(영문) 의정부지방법원 2013.10.31 2013노1384
폭력행위등처벌에관한법률위반(야간ㆍ공동상해)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty of the original judgment (a fine of 300,000 won) is too unreasonable.

2. According to the records of ex officio determination, the defendant was sentenced to a suspended sentence of six months on April 15, 2010 to a violation of the Punishment of Violences, etc. Act by the District Court of the Republic of Korea on July 2, 2010, and the judgment became final and conclusive on July 2, 2010 (hereinafter “the preceding sentence”), and the court was sentenced to a suspended sentence of six months on May 28, 2010 (hereinafter “the preceding sentence”), and the judgment became final and conclusive on May 28, 2010 (hereinafter “the preceding sentence”), and six months on November 11, 201, by the same court, the defendant was sentenced to a suspended sentence of six months on July 2, 2010, and was sentenced to a suspended sentence of six years on July 2, 2010 (hereinafter “the preceding sentence”), and the latter part of the Criminal Act was sentenced to a concurrent sentence of six months on July 3, 2017.

On March 16, 2012, the judgment of the court below can be recognized as the fact that the judgment became final and conclusive ("third prior to the judgment"), and the court below, as above, has become final and conclusive in relation to the crime of this case and concurrent crimes under the latter part of Article 37 of the Criminal Act, taking into account the equality with the cases where the judgment is to be rendered simultaneously with the crimes of this case (i.e., the judgment of the court below). In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is based on the grounds as seen above.

Criminal facts

On April 15, 2010, the Defendant was punished by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the District Court on April 15, 201, and two years of probation shall be suspended.

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