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(영문) 대전지방법원 2015.11.26 2015노1433
폭력행위등처벌에관한법률위반(공동상해)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a year and August and a fine of KRW 500,000.

The defendant above.

Reasons

The summary of the grounds for appeal (unfair punishment) is too unreasonable that each punishment (the imprisonment of 1 year and 6 months, confiscation, and confiscation of 20,000 won, and confiscation of 50,000 won) that the court below sentenced against the defendant is too unreasonable.

The court of the judgment of the court below ex officio decided to consolidate each appeal case of the court below against the defendant, and each of the offenses in the judgment of the court below are concurrent offenses under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

Therefore, 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, and it is again decided as follows after oral argument.

Criminal facts

The summary of facts constituting a crime and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Articles 257 (1) and 30 of the Criminal Act; Articles 87 (3) of the Military Service Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Article 347 (1) of the Criminal Act; Article 246 (1) of the Criminal Act; Articles 230 and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (mutual between crimes of uttering of an investigative document as of January 22, 2013, respectively, and between the crimes of uttering of an investigative document as of February 3, 2015);

1. Crimes of violation of the Punishment of Violences, etc. due to the joint injury by the choice of punishment, and the fabrication of each private document, respectively;

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