(영문) 대구지방법원 2013.11.08 2013노1003 | 리걸엔진

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(영문) 대구지방법원 2013.11.08 2013노1003

폭행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the following facts are examined. According to the records, the Defendant was sentenced to imprisonment with prison labor for not less than eight months at the Daegu District Court on April 26, 2013 due to a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and the judgment became final and conclusive on July 12, 2013. As such, the crime of assault, etc. (collective, deadly weapons, etc.) and the crime of violence in this case, etc., of which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act in relation to concurrent crimes under the latter part of Article 39(1) of the Criminal Act. Thus, the lower court’s judgment that did not reach this point becomes unable to continue to be upheld.

3. Therefore, 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and evidence admitted by this court is as follows: (a) the first head of the judgment of the court below is that the defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Daegu District Court on April 26, 2013; (b) the judgment became final and conclusive on July 12, 2013; and (c) the judgment prior to the judgment of the court on July 12, 2013: Each of the judgment of the court below is the same as each of the corresponding columns of the court below, except for addition of "each judgment".

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act, Article 314 (1) of the Criminal Act and the selection of fines for the crime; Article 260 (1) of the Criminal Act, the selection of fines for negligence;

1. The latter part of Article 37 of the Criminal Act and Article 39(1)1.

참조조문

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