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(영문) 대전지방법원 2016.03.10 2015노2309
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed 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 lower court on the Defendant (one year of imprisonment, two years of suspended execution, observation of protection, and eight hours of community service order) is too unreasonable.

2. When the prosecutor ex officio conducted a trial, the crime of intimidation to carry a deadly weapon among the facts charged in the instant case is against the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and the applicable provisions of the Act were amended to the effect that “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act” changed the applicable provisions to “Articles 284 and 283(1) of the Criminal Act,” and the subject of the judgment was changed by this court’s permission.

This part of the judgment of the court below should be sentenced to a single punishment in relation to the remaining criminal facts in the judgment of the court below and the concurrent crimes in the former part of Article 37 of the Criminal Code.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The facts constituting an offense acknowledged by this Court are as indicated in the corresponding column of the lower judgment except for the alteration of the crime of the lower judgment to “2. Special Intimidation.”

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Summary of Evidence

The summary of evidence recognized by this Court shall be as shown in the corresponding column of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment, and the option of punishment) concerning the facts constituting an offense, and Articles 284 and 283 (1) (the point of special intimidation and the choice of imprisonment);

2. A person who is subject to aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe punishment and punishment for concurrent crimes).

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