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(영문) 대구지방법원 2015.08.21 2015노1338
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The guilty portion of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Defendant shall be sentenced to imprisonment of two years and six months and fine of 1.

Reasons

1. The first instance court's judgment on the scope of this court's trial shall be pronounced not guilty of intimidation against the victim C among the facts charged and found guilty of the remainder of the facts charged. Since the appeal period for only the defendant appealed as to the guilty part, the above acquittal part is separated and confirmed after the lapse of the appeal period, the scope of this court's trial is limited to the first instance judgment and the second instance judgment.

2. Summary of grounds for appeal by the defendant and his defense counsel;

A. Article 2-B of the facts constituting the crime of the first instance judgment.

In September 2014, 2014, there was no interference with the victim C's restaurant business as stated in the part of paragraph (3), and there was no fact that the victim was boomed with drinking or flaps as stated in the part of paragraph (3) of the crime of the first instance.

Nevertheless, the judgment of the court below that found this part of the charges guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The Defendant with mental disorder was under the influence of alcohol at the time of each of the instant crimes and was in the state of mental disorder or mental disorder, but the lower court erred by misapprehending this.

C. The sentence sentenced by the court below on unreasonable sentencing (the first instance judgment: imprisonment with prison labor for two years, imprisonment with prison labor for one year and fine for one million won) is too unreasonable.

3. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the first and second court's judgment against the defendant was sentenced, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The first and the second court's judgment against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment at the same time in accordance with Article 38 (1) of the Criminal Act. In this regard, the first and second court's judgment cannot be maintained.

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