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(영문) 서울남부지방법원 2014.03.27 2013노2050
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 800,00) imposed by the court below on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant appealed on June 27, 2013 by being sentenced to ten months of imprisonment with labor due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Southern District Court (Seoul Southern District Court). On August 30, 2013, the appellate court also appealed by being sentenced to ten months of imprisonment and appealed by the defendant on August 14, 2013, but on November 14, 2013, the judgment dismissing the appeal becomes final and conclusive.

Thus, as above, the crime of violation of the Punishment of Violences, etc. Act (joint injury) and the crime of this case in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act shall be determined after considering equity in cases where a concurrent judgment is rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment.

Therefore, the judgment of the court below cannot be maintained.

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, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is the first head of the judgment of the court below. The defendant appealeded on June 27, 2013 from the Seoul Southern District Court for the violation of the Punishment of Violences, etc. Act (joint injury), etc. on August 30, 2013. On August 30, 2013, the appellate court also appealed for ten months, but the defendant appealed on November 14, 2013, but the judgment became final and conclusive after being sentenced to the dismissal of the appeal on November 14, 2013.In addition, it is the same as the statement of each corresponding column of the judgment of the court below except for adding "criminal records, inquiry records (A)" in the summary of evidence.

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