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(영문) 부산지방법원 2014.07.18 2014노1327
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

All judgment of the court below shall be reversed.

The defendant is punished by a fine of KRW 500,00 with respect to the first crime in the judgment of the second instance.

Reasons

1. The summary of the grounds for appeal is unreasonable because the first instance court’s imprisonment with prison labor for one year and the second instance court’s imprisonment with prison labor for a fine of three million won imposed by the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of 2014No1327 of this Court, which is the appeal case against the judgment of the court of first instance, and the case of 2014No1386 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the crimes of the judgment of the court of first instance and the crimes of 1 in the judgment of the court of second instance except for the crimes of 1 in the judgment of the court of second instance, are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the extent that aggravating concurrent crimes in accordance with Article 38(1) of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and its evidence acknowledged by this court is added to the first head of the second judgment's criminal facts. "The defendant was sentenced on December 16, 201 to one year by imprisonment with prison labor and two years by suspension of execution, etc. and confirmed on July 27, 2012 by being sentenced to a violation of the Game Industry Promotion Act at the Changwon District Court on the violation of the Act on Promotion of the Game Industry." The summary of the second judgment "1. Judgment: the summary of the evidence of the second judgment" is added to "1. The defendant's court statement (the second trial date)" and "the second trial records of the second trial records" in the summary of the evidence of the second judgment and "the second trial records of the defendant" are deemed to read "1. The defendant's court statement (the third trial date)" and "the first trial records of the defendant."

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