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(영문) 제주지방법원 2014.04.17 2013노538
상해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 2.5 million (a fine of KRW 2.5 million) is too unreasonable.

2. We examine ex officio before determining the grounds for appeal by the defendant.

According to the records, on July 26, 2013, the Defendant was sentenced to imprisonment of one year and six months for a violation of the Act on the Control of Narcotics, Etc. in this court on November 15, 2013, and the above judgment became final and conclusive on November 15, 2013. The crime of the above crime for which judgment has become final and conclusive and the crime of the latter part of Article 37 of the Criminal Act are concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and should be sentenced in consideration of equity and the same at the same time, so the lower judgment

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

[Dao-written judgment] The summary of facts constituting a crime and evidence admitted by the court below and the summary of the evidence are as follows: "The defendant was sentenced at the Jeju District Court on July 26, 2013 to imprisonment with prison labor and on November 15, 2013 due to a violation of the Act on the Control of Narcotics, etc., at the Jeju District Court on July 26, 2013, and the above judgment became final and conclusive on November 15, 2013," and the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for adding "1. case search and judgment," as stated in the summary of the evidence. Thus,

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the option of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The degree of injury suffered by the victims of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the background of the crime in this case, the agreement of H among the victims was submitted at the trial, the defendant was sentenced separately, and the age, character and conduct of the defendant's age.

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