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(영문) 광주지방법원 2015.11.17 2015노2301
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A seized knife (No. 1).

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the Prosecutor applied for permission to change the term “violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)” to “special damage”, “Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)” to “special intimidation”, “Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act” to “Articles 369(1) and 366 of the Criminal Act”, “Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act” to “Article 284 and Article 283(1) of the Criminal Act” to “Article 283(1) of the Criminal Act, and the judgment of the court below was changed to that effect.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of the judgment of the court below are reasons for ex officio. The judgment below

Criminal facts

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

Application of Statutes

1. Articles 369(1), 366, 284, and 283(1) of the Criminal Act concerning criminal facts; and Articles 144(1) and 136(1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment stipulated for the crimes of obstruction of performance of special duties due to the mutual crimes of obstruction of performance of official duties, and the punishment stipulated for the crimes of obstruction of official duties due to the grave reason for the crimes of obstruction of official duties).

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