가.폭력행위등처벌에관한법률위반(집단·흉기등상해)나.폭력행위등처벌에관한법률위반(집단·흉기등협박)(인정된죄명특수협박)다.폭력행위등처벌에관한법률위반(집단·흉기등폭행)(인정된죄명특수폭행)라.현주건조물방화마.폭력행위등처벌에관한법률위반(우범자)
A. Violation of the Punishment of Violences, etc. Act (a)
(b) Violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.);
(Special Intimidation for Recognized Crime)
(c) Violation of the Punishment of Violences, etc. Act;
(Recognized Special Violence)
(d) Finding buildings and fire prevention;
(e) Violation of the Punishment of Violences, etc. Act;
A
Defendant
Attorney S (National Ship)
Seoul High Court Decision 2015No2717 Decided January 22, 2016
April 15, 2016
The judgment below is reversed and the case is remanded to Seoul High Court.
Judgment ex officio is made.
The lower court, among the facts charged in the instant case, punish the former Punishment of Violence, etc. with respect to the bodily injury.
Articles 3(1) and 2(1) of the Act (Amended by Act No. 13718, Jan. 6, 2016)
Subparagraph 3, Article 257(1) of the Criminal Act was applied.
However, the Punishment of Violences, etc. Act amended and enforced by Act No. 13718, Jan. 6, 2016
Article 3(1) of the Criminal Code shall be deleted, and Article 258 of the Criminal Code amended and enforced by Act No. 13719 on the same day.
Article 1(2) of the Criminal Code was newly established, which changes the law after the crime.
Article 258 of the Criminal Code, a new corporation, in accordance with the above provision, falls under "when the sentence is more severe than the old law."
Article 2-2(1) shall apply (see, e.g., Supreme Court Decision 2015Do17907, Jan. 28, 2016).
Therefore, the lower judgment that applied Article 3(1) of the former Punishment of Violences, etc. Act differently.
In addition, the lower court erred by misapprehending the facts charged and the remaining facts charged under the former part of Article 37 of the Criminal Act.
Inasmuch as a single sentence was imposed on the ground that there is a concurrent crime relationship, the lower judgment in its entirety.
must be reversed.
Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed, and the case is remanded again.
The case shall be remanded to the court below for a determination, and the opinion shall be raised by the assent of all participating Justices.
this decision is delivered with the assent of all Justices.
Justices Lee Dong-won
Justices Lee In-bok
Justices Kim In-bok, Counsel for the defendant
Justices Kim Gin-young