logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.10.30 2014노770
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Ex officio determination

A. An appellant who has not filed a statement of grounds for appeal shall submit the statement of grounds for appeal to the appellate court within 20 days from the date on which he/she received the notification of the receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act), and if the statement of grounds for appeal

(Article 361-4(1) of the same Act. On the other hand, service to a person arrested, detained or detained in a prison, detention house, or detention room of a national police station shall be effected to the chief of a prison, detention house,

(A) According to the records, the Defendant did not submit the statement of grounds for appeal within the submission period of the statement of grounds for appeal, and the petition of appeal does not contain any statement of grounds for appeal in the petition of grounds for appeal even though the head of the Chang Prison prison, in which the Defendant is confined, received the notice of grounds for appeal on May 2, 2014.

(However, the Defendant submitted the statement of grounds for appeal on May 26, 2014, where it is obvious that the period for submitting the statement of grounds for appeal was too excessive. However, the judgment of the court below is examined as follows.

B. On January 9, 2014, the Defendant omitted under the latter part of Article 37 of the Criminal Act was sentenced to one year by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.), and the said judgment becomes final and conclusive by a decision to dismiss an appeal on March 7, 2014. As such, the crime of violation of the Punishment of Violences, etc. Act (a collective weapon, etc.), etc. (a bodily injury) and the crime of bodily injury in this case, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, are determined by considering equity in cases where the judgment is concurrently rendered under Article 39(1) of the Criminal Act and after examining whether to reduce or exempt the sentence

C. In addition, according to the record, the Defendant did not pay a fine of KRW 1 million and its fine due to the crime of injury as one day.

arrow