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(영문) 제주지방법원 2015.11.05 2015노450
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Nos. 1 and 2, seized, from the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment, and confiscation) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor: (a) applied for changes in the name of the instant crime to “violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)” as “special intimidation; (b) Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)” as “special assault; (c) Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; and Article 283(1) of the Criminal Act as “Articles 284 and 283(1) of the Criminal Act”; (d) Articles 3(1) and 283(1) of the Punishment of Violences, etc. Act; and (d) Article 260(1) of the Criminal Act as “Article 261 and Article 260(1) of the Criminal Act”; and (d) the court applied for changes in the name of the instant crime to “Article 261 of the Criminal Act.”

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

The summary of facts constituting a crime and evidence against the defendant recognized by this court is that of the facts constituting a crime [2015 order 500] of the court below's holding that "2. Violation of the Punishment of Violences, etc. Act (collective, deadly Weapons, etc.)" under Article 369 of the Criminal Procedure Act (Article 369 of the Punishment of Violences, etc.) and Article 36 of the same Act (Article 369 of the same Act) and Article 36 of the same Act (2) of the same Act.

Application of Statutes

1. Article 284 of the Criminal Act, Articles 283(1) of the Criminal Act (the occupation of special intimidation) and Article 314 of the Criminal Act concerning the relevant criminal facts.

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