logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.10.02 2014노1015
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and intimidation by victim E and victim F respectively is established with respect to paragraphs (1) and (3) of the facts charged in the instant case. The crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and each crime of intimidation committed against two victims in the same opportunity at the same place constitutes a crime committed against the same opportunity, which is evaluated as one act under the social concept, and thus, the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and each of the crimes of intimidation are related to each other. However, the court below erred in the omission of commercial concurrence in the application of statutes, since the court below erred in the omission of commercial concurrence.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing, and the judgment below is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 283(1) of the Criminal Act; Article 283(1) of the Criminal Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for the crime of obstructing the performance of official duties or intimidation;

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

arrow