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(영문) 서울중앙지방법원 2019.01.10 2018노2818
특수폭행등
Text

All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The gist of the grounds for appeal by the defendant is that each punishment of the court below (the first judgment of the court below: imprisonment with prison labor for 6 months, confiscation, and second judgment of the court below: imprisonment with prison labor for 4 months) is excessively unreasonable.

2. The first and second original judgments against the defendant were pronounced, and the defendant filed each appeal, and this court decided to consolidate the above two cases of appeal.

Each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the judgment below cannot be maintained as it is.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

[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. Relevant legal provisions concerning the crime, Articles 261 and 260(1) of the Criminal Act (the point of special violence), Article 366 of the Criminal Act (the point of causing water damage), Article 319(1) of the Criminal Act (the point of intrusion upon residence), the choice of imprisonment with prison labor

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Suspension of execution under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances described in the “the reason for the two-dimensional sentence”)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. As for the reasons for sentencing under Article 48(1)1 of the Criminal Act, a number of assault offenses against the defendant are committed, and each of the crimes in this case is not less than that against the defendant, choice of imprisonment is inevitable.

However, each of the crimes in this case.

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