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(영문) 울산지방법원 2015.08.07 2015노560
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. against Victims K and L ex officio prior to the judgment on the ground of ex officio appeal is an injury to the victim K and L as a single act committed by the defendant with a beer disease. Thus, one act constitutes an injury to the victim K and L, which constitutes several crimes. Since the court below determined this as a substantive concurrent relation, the judgment of the court below cannot be maintained any more.

3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following is again decided after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply), Article 257 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act,

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the violation of the Punishment of Violences, etc. against K of the Victims and each Act on the Punishment of Violences, etc. against L, which violates the Punishment of Violences, etc. Act (a collective weapon, etc.) and the punishment imposed on the violation of the Punishment of Violences, etc. against L, of which the crime is more severe);

1. Selection of punishment for each crime of fraud;

1. Article 35 of the Criminal Act, among repeated crimes.

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