[공갈·절도·폭행·폭력행위등처벌에관한법률위반][공1979,12021]
Article 3(2) of the Punishment of Violences, etc. Act
Article 3 (2) of the Punishment of Violences, etc. Act shall apply only to cases where a crime under paragraph (1) of the same Article is committed at night or habitually, and it shall not apply to cases where a crime under Article 2 of the same Act is committed habitually or at night.
Articles 2 and 3 of the Punishment of Violences Act
Defendant
Attorney Lee Tae-hee (National Ship)
Jeonju District Court Decision 78No1014 delivered on March 5, 1979
The original judgment is reversed, and the case is remanded to the Jeonju District Court Panel Division.
The defendant's grounds of appeal are examined.
According to the reasoning of the judgment of the court below, the court below cited the criminal facts in the judgment of the court of the first instance against the defendant, and held that the defendant's violation of the Act on the Punishment of Violence, etc. in Articles 3 (2) and (1), 2, 350 (1), and 260 (1) of the Criminal Act at the time of the judgment of the court below constitutes the violation of the Act on the Punishment of Violences, etc. in Articles 3 (2) and (1), 2, 350 (1), and 260 (1) of the Criminal Act at the time of the judgment of the court below, and held that the crime of larceny,
Article 3 (2) of the Punishment of Violence, etc. Act provides that a person who habitually commits the crimes under the preceding paragraph at night or habitually shall be punished by imprisonment for a limited term of not less than three years. Thus, Article 3 (1) of the same Act shall apply only where the crime under Article 2 of the same Act is committed at night or habitually without following the above methods, and Article 2 (b) and (e) and (g) of the same Act shall not apply where the defendant habitually commits the crimes under the preceding part of the judgment of the court of first instance, since Article 3 (2) of the same Act provides that a person who commits the crimes under the preceding paragraph shall be punished by imprisonment for a limited term of not less than three years. The crime under Article 3 (1) of the same Act is committed by an act of violence or threat of an organization or group, or by carrying with himself a weapon or other dangerous articles under the pretending power, and the crime under Article 2 of the same Act is committed by the court below, despite the fact that the defendant committed the crime under the preceding part of the Criminal Act and the crime under the preceding part of the Act, thereby causing the death of the victim.
Therefore, without further proceeding to decide on the grounds of appeal by the counsel and the remaining grounds of appeal by the defendant, the case shall be reversed, and the case shall be remanded to the Jeonju District Court Panel Division which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Il-young (Presiding Justice)