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(영문) 제주지방법원 2016.02.18 2015노580
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seizure of one pre-determined family unit (Evidence....)

Reasons

1. The decision of the court below on the gist of the grounds of appeal (No. 1: imprisonment with prison labor for 1 year and 6 months and confiscation, and 2 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first instance court's judgment on the grounds for appeal by the prosecutor applied the defendant's name of the crime (violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) to "special assault," and Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, "Article 261 and Article 260 (1) of the Criminal Act" as "Article 260 (1) of the Criminal Act," and since the court's judgment was changed by permission, the first instance court's judgment cannot be maintained any more.

B. Along with the judgment of the court of first instance and the judgment of the court of second instance, the defendant filed an appeal against the defendant, and this court decided to hold concurrent hearings of the above two appeals cases. The crimes of the first and second judgment with respect to the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court of second judgment cannot be maintained even in this regard.

3. Accordingly, the judgment of the court below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act without examining each of the Defendant’s mental and physical weakness and unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.

[Re-written judgment] The summary of the facts constituting an offense and the evidence admitted by the court and the summary of the evidence are stated in each corresponding column of the judgment below, except where the "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" under Article 5 (5) is deemed as "special assault" among the facts constituting an offense of the first instance judgment.

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