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(영문) 대전지방법원 2018.05.17 2017노2977
폭력행위등처벌에관한법률위반(우범자)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of the grounds for appeal: The sentence of the lower court’s improper sentencing (3 million won in penalty) is too uneased and unreasonable.

2. An ex officio judgment prosecutor changed Article 1 of the facts charged of this case as follows. The name of the crime is "violation of the Punishment of Violences, etc. Act" as "violation of the Punishment of Minor Offenses Act". Article 7 of the Act on the Punishment of Violences, etc. applies to "Article 7 of the Punishment of Minor Offenses Act" with "Article 3 (1) 2 of the Punishment of Minor Offenses Act". Since the court permitted this and permitted it, the court below's judgment on this part of the facts charged cannot be maintained any further.

Since the lower court dealt with this part of the facts charged and the remainder of the facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced a single punishment, the lower court’s judgment shall be reversed in its entirety.

The revised facts charged

1. From July 19, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) the Defendant: (b) was aware of the fact that he was assaulted by F while hiding the name of F with a large voice found in F in F’s in F’, and that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was in F’s name and that he was aware of the fact that he was in F.

The term “satisfy” means a disturbance, such as voice.

Accordingly, the Defendant is carrying with himself any extension or tool that may be used for causing serious harm to human life or body, such as knife and hacksaws, or for destroying a house or other structures without justifiable reasons.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

【Re-written judgment] Criminal facts and evidence.

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