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(영문) 수원지방법원 2012.08.02 2012노2497
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s punishment (two million won of a fine).

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to a two-month suspended sentence for a violation of the Act on Special Cases concerning Regulation and Punishment of Fraudulent Acts, etc. at the Suwon District Court on February 10, 2010, and the above judgment became final and conclusive on February 18, 2010, and that the defendant was sentenced two months to imprisonment for a violation of the Act on Promotion of Game Industry in the Ansan Branch Branch of the Suwon District Court on February 1, 2012 and eight months and was confirmed on May 31, 2012. The above judgment became final and conclusive on May 31, 2012. The above crime and the crime of violation of the Punishment of Violences, etc. Act (joint injury) in relation to the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt the punishment, the judgment of the court below may no longer be maintained since it omitted the treatment of concurrent crimes.

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 through pleading.

Criminal facts

The summary of the facts constituting a crime recognized by the court and the summary of the evidence are as follows: "The defendant was sentenced to a two-year suspension of execution on February 10, 2010 at the Suwon District Court on the charge of violating the Act on Special Cases concerning the Regulation and Punishment of Fraudulent Acts, Etc., at the Suwon District Court on February 10, 2010, which became final and conclusive on February 18, 2010; on February 1, 2012, he was sentenced to two-month imprisonment with prison labor and eight-month imprisonment with prison labor for a violation of the Act on the Promotion of the Game Industry; on May 31, 2012, he was sentenced to a violation of the Act on Special Cases concerning the Regulation and Punishment of Fraudulent Acts, etc.; on May 31, 2012, "1."

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