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(영문) 부산지방법원 2014.10.17 2014노2649
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the judgments of the court below (the 2 years of imprisonment with prison labor and the 2 months of imprisonment with prison labor) is too unreasonable.

2. The crimes of the first and second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act. Since the court below's concurrent deliberation of each case and then selected the same type of punishment for each crime, it is necessary to render a single sentence for each of the above crimes in accordance with Article 38 (1) of the Criminal Act. In this regard, the first and second judgments of the court below cannot escape from all of the reversals.

3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is determined after pleadings, since there are reasons for ex officio reversal.

Criminal facts

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

Application of Statutes

1. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 329 of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, each of the following provisions

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated crimes (Provided, That the limitation to the proviso to Article 42 of the Criminal Act shall apply to the crimes in violation of the Punishment of Violences, etc. Act (collectively, Intimidation of

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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