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(영문) 춘천지방법원 2015.12.22 2015노1153

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Progress of litigation;

A. On March 22, 2013, the lower court recognized that: (a) the Defendant, by carrying dangerous articles on March 22, 2013, assaulted the Victim C (at the same time; 48 years of age); (b) assaulted the said Victim C and obstructed his/her duties on November 24, 2013; (c) intimidation the Victim F (at the end of December 2014; (d) simultaneously interfered with his/her duties; (c) around April 2014; (d) around December 27, 2014; (d) around December 28, 2014; (e) around December 29, 2014; (e) around December 29, 2014; (e) obstructed the Defendant’s respective duties under Article 20 of the Criminal Act; and (e) obstructed the Defendant’s respective statutory provisions regarding the Punishment of Violence, etc. by Act No. 12841, Dec. 16, 2014; and (e.g., 2016)

B. The Defendant appealed against the lower judgment on the grounds of mental disorder and unreasonable sentencing, and the trial prior to remand rejected the Defendant’s mental disorder claim and reversed the lower judgment’s judgment and sentenced the Defendant to one year and six months of imprisonment.

C. The Defendant filed an appeal against the judgment prior to remand on the grounds of violation of the rules of evidence, incomplete deliberation, misapprehension of legal principles, unreasonable sentencing, and violation of statutes.

On September 24, 2015, the Supreme Court rendered a decision by the Constitutional Court on September 24, 2015, Article 3(1) of the Punishment of Violences Act concerning "a person who commits a crime under Article 260(1) of the Criminal Act by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles" is in violation of the Constitution. Accordingly, the said provision retroactively lost its effect in accordance with the main sentence of Article 47(3) of the Constitutional Court Act.

.The above provisions.