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(영문) 부산지방법원 2021.02.16 2020노3103
특수폭행등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months and a fine for 600,000 won.

Defendant. A fine.

Reasons

1. The determination of the grounds for appeal (unfair sentencing: imprisonment with labor for 6 months and fines for 600,000 won, and imprisonment with labor for 2 months) is unreasonable.

2. Each of the judgments of the court below that reversed ex officio by this court shall be sentenced to one sentence under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

The judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed ex officio.

In accordance with Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed and the judgment shall be rendered as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.

Article 369 of the Criminal Procedure Act is cited as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260(1) (the point of special assault, the choice of imprisonment), Article 3(3)2 (the point of false reporting, the choice of fines) of the Punishment of Minor Offenses Act, Article 314(1) of the Criminal Act (the point of obstructing duties, the choice of imprisonment with labor), Articles 369(1) and 366 of the Criminal Act (the point of destroying special property, and the choice of imprisonment with labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes (limited to the crimes of special assault, interference with each duty, and destruction of special property);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. The sentencing factors and the scope of recommending punishment according to the sentencing guidelines (from June to July 20) shall be determined based on the attached sentencing guidelines for each of the following crimes except for the sentencing factors and the violation of the Punishment of Minor Offenses Act, such as the reflection of the accused, the period of repeated crimes, the frequency of the crimes, the punishment of some victims, the non- sources of the punishment, the false reports of the violation of the Punishment of Minor Offenses Act, etc.:

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