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(영문) 서울고등법원 2016.04.08 2016노99

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of reasons for appeal: The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

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

Article 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(2) of the Criminal Act apply to the case where “Violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)” among the names of the crimes was committed in this court; “Special Bodily Injury” was committed; “Article 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; “Article 257(2) of the Criminal Act” was amended to “Article 258-2(1), 257(2) and (1) of the Criminal Act; “Article 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; “Article 257(1) of the Criminal Act” was amended to “Article 258-2(1)3 of the Criminal Act; Article 257(1) of the Criminal Act; and each court shall grant permission to amend the contents thereof.”

Since the above crimes and the other crimes in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the party members are again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2(1), Articles 257(2) and 257(1) (a) of the Criminal Act regarding criminal facts; Articles 258-2(1) and 257(1) (a) of the Criminal Act; Articles 258-2(1) and 257(1) (a) of the Criminal Act; Article 366 of the Criminal Act; Article 347(1) (a) of the Criminal Act regarding criminal facts; Article 347(2) of the Criminal Act (a).