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(영문) 서울남부지방법원 2015.12.11 2015노391
폭력행위등처벌에관한법률위반(야간ㆍ공동상해)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (4 million won of a fine) declared by the court below is too large;

(2) On July 18, 2008, the defendant was sentenced to imprisonment with prison labor for three years for robbery, four years for probation, and one year and six months for special larceny, etc. on February 1, 2013, and on February 1, 2013, the defendant was sentenced to imprisonment with prison labor for one year and six months for special larceny, etc. in Gyeyang Branch Branch of the Suwon District Court, in accordance with the records of ex officio determination on July 2, 2008.

6.1. The above judgment became final and conclusive, and on April 10, 2014, at the Jung-gu District Court sentenced 5 months of imprisonment, additional collection 7,158,000 won for the violation of the Act on the Control of Narcotics, Etc. (fence) and the said judgment became final and conclusive on the 18th of the same month.

As above, the crimes for which judgment has become final and conclusive and each of the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for each of the crimes of this case shall be determined by taking into account equity and equity in cases where judgment is concurrently rendered pursuant to

Nevertheless, the judgment of the court below shall no longer be maintained as the concurrent crimes have been omitted.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

On July 18, 2008, the Defendant was sentenced to three years of imprisonment with prison labor for robbery and four years of probation in the Suwon District Court's Ansan Branch for the crime of injury by robbery, and on the 26th of the same month, and the above judgment becomes final and conclusive on the 26th of the same month, and on February 1, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny, etc. from the

6. 1. The above judgment was finalized, and at the District Court of the Speaker on April 10, 2014.

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