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(영문) 부산고등법원 2016.04.21 2015노804
폭력행위등처벌에관한법률위반(상습상해)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for three years and by a fine of 100,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a prison term of three years and six months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor examined the defendant ex officio, and with regard to the violation of the Punishment of Violences, etc. Act (Habitual Bodily Injury) among the facts charged in the case against the defendant and the violation of the Punishment of Violences, etc. Act (Habitual Injury) with respect to the injury to the victim M, the name of the crime is "Habitual Injury", "Habitual Assault", and "Habitual Assault", and Article 2 (1) 1 and 3 of the Punishment of Violences, etc. Act and Articles 257 (1), 260 (1), and 350 (1) of the Criminal Act "Article 264, 257 (1), 260 (1), 260 (1), and 260 (1), 351, and 350 (1) of the Criminal Act and Article 350 (1) of the Punishment of Violences, etc. Act (Habitual injury).

A. The part of habitual attack against the victim E is “1. A. B. A. B. A. A. A. A. A. A. A. A. A. A. A. A. A. B. A. A. B. A. A. B. A. B. A. B. A. B. A. C. A. C. A. A. B. A. B. A

The part of “Habitual assault against the victim H, etc.” as “3. Habitual assault against the victim H, etc.,” and “2. 4. Offense Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Violence, etc.),” and “the Defendant” around March 30, 2015, around March 30, 2015, the Defendant habitually requested to change the bill of amendment to the bill of amendment on March 30, 2015, and the subject of the judgment was changed by this court’s permission.

On the other hand, the remaining crimes of the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act with the revised facts charged as mentioned above. Thus, the defendant's remaining crimes should be sentenced to a single sentence within the scope of punishment aggravated by concurrent crimes pursuant to Article 38 (1) of the Criminal Act. Thus, the part of the judgment of the court below against the defendant cannot be maintained any more.

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