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(영문) 창원지방법원 2014.03.26 2013노2379
상해등
Text

1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

Reasons

1. Summary of grounds for appeal;

A. The respective sentences of the lower court (the first instance court: the imprisonment of eight months and the second instance court: the imprisonment of four months) are too unreasonable.

B. The first instance court’s sentence of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor appealed each of the judgment of the court of first instance against each of the judgment of the court below and tried concurrently at the court of first instance. Each of the crimes in the judgment of the court below is a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's respective arguments on unfair sentencing, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injuring each other, the choice of imprisonment with prison labor), Article 231 of the Criminal Act (the point of each private document, the choice of imprisonment with prison labor), Articles 234 and 231 of the Criminal Act (the point of each private document, the choice of imprisonment with prison labor), Articles 156 and 31(1) of the Criminal Act (the point of each private teacher’s occupation and choice of imprisonment with prison labor) of the choice of criminal facts;

1. Articles 157, 153, and 55(1)3 of the Criminal Act (i.e., aiding and abetting in light of the confession) that statutory mitigation has been mitigated;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are as follows: (a) each of the facts constituting the crime in the lower judgment (hereinafter “instant crime”).

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