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(영문) 대구고등법원 2018.03.29 2017노597
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

The summary of the grounds for appeal (unfair sentencing) alleged in the lower court that “the Defendant did not assault the Victim J, together with F and G, as stated in the facts constituting the offense of the lower judgment.” The Defendant asserted that the Defendant had the same purport at the trial court, and made a statement that such assertion was explicitly withdrawn at the trial date of the first instance trial, and that all the facts charged were led to confession and acknowledgement.

In light of the various sentencing conditions of this case, the sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.

According to the records of ex officio determination, on June 9, 2017, the defendant was sentenced to imprisonment with prison labor for not more than 747, 821, 822, 911, 912, 913, 914, 916, 939, 996, 96, 2017 and 59, 61, 95, 106, 135, 161, 165, 174, 175, 179, 190, 206, 237, 263 (Joint) of the Daegu District Court (hereinafter collectively), and was sentenced to imprisonment with prison labor for not more than 20 years, 16 months, 20 years, 20 years, 27 years, 30 years, 15 years, 20, 27, 27, 25 years, 20.

In addition, each of the crimes of this case in the judgment of the court below is a crime committed before the above judgment becomes final and conclusive.

Therefore, each of the crimes of this case and fraud for which judgment has become final and conclusive, were set out in the concurrent crimes relationship of the latter part of Article 37 of the Criminal Code, and the judgment of the court below that did not apply is impossible to be maintained.

Therefore, the judgment of the court below is without examining the defendant's unfair argument on the grounds of the above ex officio reversal.

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