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(영문) 서울서부지방법원 2015.11.19 2015노1277
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized knife (No. 1) shall be confiscated.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one hundred months of imprisonment, confiscation) is too unreasonable.

2. Before determining the grounds for appeal ex officio, prior to the determination on the grounds for appeal of ex officio, the prosecutor: (a) applied the name of the crime to “special intimidation” from “violation of the Punishment of Violences, etc. Act; (b) Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act; and (c) Articles 284 and 283(1) of the Criminal Act as “Articles 284 and 283(1) of the Criminal Act”; and (d) respectively, the facts charged were changed from “a deadly weapons” of the third and nine acts, and thus, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: the facts charged and the summary of the evidence are as follows: (a) except for the alteration of “hazardously weapons” under Articles 2, 2, and 8 of the judgment of the court below into respective “hazardous goods”, the same is identical to each corresponding column of the judgment of the court below, and thus,

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the crime. Article 283 (Selection of Imprisonment);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act was committed by carrying a knife, which is a dangerous object of the defendant and threatening the victim, and the nature of the crime is not good in light of the method of the crime and the risk of the act, etc., and not only the defendant has a criminal record of violence, but also has been raped by threatening women as shown in the judgment below.

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