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(영문) 부산지방법원 2013.12.31 2013노2946

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The judgment below

Of them, the part on Defendant C and D shall be reversed.

Defendant

C Imprisonment with prison labor for one year, and Defendant D.

Reasons

1. Summary of grounds for appeal;

A. The punishment of each court below against the Defendants by the prosecutor (Defendant A and B: the short-term two years of imprisonment for a maximum term of two years and six months; Defendant C: the long-term one year and eight months of imprisonment for a short term of two years; Defendant D: the long-term one year and eight months of imprisonment for a term of one year and one year and eight months) is too uneasable and unfair

B. The punishment of each court below against the Defendants is too unreasonable.

2. Determination

A. The judgment of ex officio (as to the part against Defendant C), prior to the determination of the grounds for appeal by the above Defendant and the prosecutor against Defendant C, the judgment of the court below sentenced Defendant C to an illegal sentence. The above Defendant, as CJ student, was a juvenile as provided in Article 2 of the Juvenile Act at the time of the judgment of the court below, but it is apparent that the above Defendant became adult in the trial even though he was a juvenile as provided in Article 2 of the Juvenile Act at the time of the judgment of the court below, the part which sentenced the above Defendant to an illegal sentence

B. Determination on the assertion of unfair sentencing by Defendant A, B, D, and prosecutor: (i) Defendant A’s each of the crimes of this case is against each of the crimes of this case; (ii) the above Defendant is a juvenile of 18 years of age; and (iii) the said Defendant appears to have suffered some difficulties due to mental and medical force, such as decentralization and depression, etc., in favor of the above Defendant; or (iv) the said Defendant has repeatedly used violence against the above Defendant; and (v) the guidance teachers to restrain it do not use violence against the above; and (v) the degree of participation in each of the crimes of this case is not easy; and (v) the specific attitude and transfer of acts is very poor; and (v) the above Defendant committed each of the crimes of this case committed while being admitted to the Juvenile Reformatory as the most serious protective disposition, which is a juvenile protective disposition; and (v) collective and collective violence in the same case within the Juvenile Reformatory, which seriously disturbs the correctional function of the Juvenile Reformatory and seriously disturbs the correctional function of the Juvenile Reformatory.

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