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(영문) 창원지방법원 2020.11.12 2020노1833
상해등
Text

The guilty portion of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

The defendant shall be punished by imprisonment for not less than eight months and not more than ten days of detention.

Reasons

The first instance court dismissed the prosecution on the violation of violence among the facts charged and convicted the remainder of the charges.

The second instance court convicted all the facts charged.

As to this, only the defendant appealed, and the prosecutor did not appeal the dismissal part of the first instance court's dismissal, and the above dismissal part was separated and finalized as it is.

Therefore, the scope of this Court's adjudication is the guilty part of the first instance judgment and the second instance judgment.

2. The summary of the grounds for appeal and the respective punishments (the imprisonment of August, detention, 10 days, and the imprisonment of April of the second instance judgment) that are sentenced by the second instance court are inappropriate as they are too unreasonable.

(3) The defendant's grounds for appeal are examined as follows: (a) although the defendant alleged a mistake of facts or misapprehension of legal principles in the grounds for appeal, the defendant and his defense counsel explicitly withdrawn it on the first trial date of the trial court).

As the case of the judgment of the court below is merged in the trial, the facts constituting the crime in the judgment of the court of first instance and the facts constituting the crime in the judgment of the court of second instance are concurrent crimes as provided in the former part of Article 37 of the Criminal Act, and they are concurrently judged pursuant to Article 38 of the Criminal Act and sentenced to one punishment, so the judgment of the court

4. Since the judgment of the court below which found the guilty part of the judgment of the court below has such reasons as above, without examining the defendant's allegation of unfair sentencing, the conviction part among the judgment below under Article 364 (2) of the Criminal Procedure Act is reversed and the following decision is rendered through pleading

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court below are identical to each corresponding column of the court below's judgment, except for the alteration of "the defendant's partial statement" in "the summary of evidence" in "the main text of the court below's judgment of the court of first instance to "the defendant's oral statement in court" in "the defendant's oral statement in court". Thus, the Criminal Procedure Act is the same.

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