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(영문) 청주지방법원 2015.04.24 2014노1194

폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등

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The remainder of the judgment of the court below, excluding the part concerning the application for compensation, and the judgment of the court below.

Reasons

1. The gist of the reasons for appeal is that the punishment (two years of imprisonment and confiscation, 10 months of imprisonment) of each judgment of the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below against the defendant was rendered separately, and the defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance. This court decided to hold a joint hearing of each appeal case.

Thus, each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act and a single punishment shall be sentenced in accordance with Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below has already become unable to be maintained.

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as shown in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The point of causing danger to the relevant criminal facts: Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 350(1) of the Criminal Act: The point of driving without a license under Article 152 subparag. 1 and Article 43 of the Road Traffic Act: The point of driving under Article 148-2(1)1 and Article 44(1) of the Road Traffic Act: The point of causing injury by occupational negligence under Article 148-2(1)7 and 8 of the Road Traffic Act, Article 268 of the Criminal Act, Article 268 of the former Act on Special Cases concerning the Settlement of Traffic Accidents: The point of operating an automobile without mandatory insurance: Act No. 12987, Jan. 6, 2015.