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(영문) 부산지방법원 2015.10.30 2014노3668
국민체육진흥법위반등
Text

The part of the judgment of the first instance and the judgment of the second instance against Defendant A shall be reversed, respectively.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The punishment that the court below sentenced to the above defendant A (No. 1 year of imprisonment, No. 2 year of imprisonment, and No. 1 year and 6 months of imprisonment) is too unreasonable.

B. The prosecutor (the first instance court: the defendant's imprisonment with prison labor for one year, the second instance court; the defendant's imprisonment for one year and six months; the two years of suspended execution for one year of imprisonment for the defendant Eul; the 120 hours of community service for the defendant Eul; and the 10 months of imprisonment for the defendant C) that each of the court below sentenced the defendants to the defendants is unreasonable.

2. Determination:

A. This Court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance against Defendant A. On the other hand, each of the offenses in the judgment of the court of first instance against Defendant A is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of the term of punishment, which is limited to a concurrent crime, pursuant to Article 38(1) of the Criminal Act. In this regard, the part against Defendant A among the judgment of the court of first and the judgment of the court of

B. The instant crime on the prosecutor’s assertion of unfair sentencing against Defendant B was committed in collusion with Defendant B, which was an organization of lives of violence, by gathering ex post facto officers, such as the victim C, etc., in collusion with Defendant A to correct the discipline of the ex post facto officers of lives following the lives of lives, and making them up on the floor up to the right angle, and then gbuckbucks, which are dangerous objects, inflict an injury on each of the seven victims, who are officers of the ship, after making her her her bbbbbbs and her bucks. In light of the method and content of the relevant crime, it is considerably poor in the nature of the crime; Defendant B committed the instant crime; Defendant B had the record of criminal punishment twice as to the same kind of violent crime; and Defendant B also committed the instant crime, it is necessary to deem that there is a great liability corresponding thereto.

except that the defendant B raises an objection.

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