logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.03.20 2014노1730
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All judgment of the court below shall be reversed.

Defendant

A Of the crimes No. 1 of the judgment of the court of first instance, Section 1.

Reasons

1. The summary of the grounds for appeal (in the case of crimes No. 1, No. 1, No. 5, and No. 6 in the judgment of the court of appeal), which are sentenced by each court of appeal (in the case of crimes No. 1 in the judgment of the court of first instance, crimes No. 1, No. 5, and No. 6 in the judgment of the court of first instance, crimes No. 8-A and (b), crimes No. 13, 17, 18, 20, and 21 in the judgment of the court of first instance; imprisonment for six months in the case of crimes No. 2 in the judgment of the court of second instance; imprisonment for six months in the case of other crimes; imprisonment for one year in the judgment of first instance; imprisonment for six months in the case of crimes in the case of crimes No. 2 in the judgment of the court of second instance) and imprisonment for six months in the case of second instance in the judgment

2. Prior to the judgment on the grounds for appeal ex officio, the first and second judgments against the Defendants were rendered, and the Defendants filed an appeal against them, and this court rendered a decision to concurrently examine the above two appeals cases. Based on the judgment of each judgment of the court below against Defendant A, the former and the subsequent crimes and the subsequent crimes in each judgment of the court below against Defendant A were concurrent crimes under Article 38(1) of the Criminal Act, since each of the former part of Article 37 of the Criminal Act constitutes concurrent crimes under Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained any further.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above. It is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by this court is to delete the pleas described in the first column of the first judgment of the first instance, to add "from that time," and "from that time," in paragraph 2 (13) of the same Article, to add "35,000" in paragraph 17 (3) of the same Article, and 18 (5) of the same Act.

arrow