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(영문) 수원지방법원 2016.11.24 2016노5603
상해
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to the records of this case, the defendant was sentenced on February 17, 2016 to two years and eight months from imprisonment by the Seoul High Court for violating the Punishment of Violences, etc. Act (the composition and activities of organizations, etc.), and the judgment becomes final and conclusive on May 12, 2016. The crime of the court below and the crime of violation of the Punishment of Violences, etc. Act (the composition and activities of organizations, etc.) against the defendant, which became final and conclusive on May 12, 2016, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime of the court below's decision in consideration of equity in the case where the judgment is to be rendered at the same time,

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 the judgment below is again decided as follows after oral argument.

[C] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the facts constituting a crime are added to the first head of the crime of the judgment of the court below. "The defendant was sentenced on February 17, 2016 by the Seoul High Court for a violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) and the judgment became final and conclusive on May 12, 2016." The summary of the evidence of the judgment of the court below is as stated in the corresponding column of the judgment of the court below, except for adding "1.......................... the defendant was the criminal record inquiry against the defendant, Incheon District Court Decision 2015No3468, Seoul High Court Decision 2015No3459, Supreme Court Decision 2016Do3759, and the case agreement assistant council". It is also cited in accordance with Article 369 of the Criminal Procedure

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