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(영문) 울산지방법원 2020.02.18 2019노905
상해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

provided that this ruling has become final and conclusive.

Reasons

1. The sentence of the lower court against the accused (the first instance court: six months of imprisonment and two years of suspended execution, community service order80 hours, 40 hours of violent therapy, and the second instance court: one year of imprisonment) is too unreasonable.

2. The judgment of the first and second court on the defendant's ex officio determination was rendered, and the defendant appealed on the grounds of unfair sentencing, and the court decided to concurrently deliberate on the above two appeals.

However, since each crime recognized by the court of original judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

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 it is again decided as follows, after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Article 257 (1) and Article 136 (1) of the Criminal Act, respectively, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (each of the crimes of bodily injury and the crimes of obstruction of performance of official duties as of March 6, 2019, and punishment prescribed for the crimes of serious bodily injury);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for a more severe injury);

1. Article 62 (1) of the Criminal Act (The following factors considered favorable to the accused among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and order to attend lectures, is properly executed by the defendant.

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