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(영문) 광주고등법원 2014.09.25 2014노260
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

The court below's scope of adjudication was sentenced to a judgment dismissing a prosecutor's request for medical treatment and custody case when a prosecuted case against a defendant is convicted, and the defendant appealed only against the defendant, which eventually does not have interest in appeal as to medical treatment and custody claim.

Therefore, notwithstanding the provisions of Article 14(2) of the Medical Treatment and Custody Act, the part of the judgment below regarding the request for attachment order to the defendant is excluded from the scope of the trial

Summary of Grounds for Appeal

The sentence of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

When a judgment is made on the scope of the sentencing guidelines, the first crime [the violation of the Punishment of Violences, etc. Act (collective, deadly Weapons, etc.)] [the decision on the types of intimidation] - Types 4 (Special Intimidation): the mitigation element: the mitigation element / non-won [the scope of recommending punishment] special mitigation area of mental or physical disability (no person in question): the crime of violation of the Punishment of Violence, etc. Act (a violation of the Act on the Punishment of Violences, etc.)] 3 [the decision on the types of violence] 6 (Special Violence): the mitigation element - The mitigation element of punishment [the scope of recommending punishment] the minimum limit of punishment for mental or physical disability (no person in question), the sentencing guidelines for imprisonment between February and February 5 [the majority of the persons who have no legal liability for threats] the punishment guidelines set under the former part of the Criminal Act [the sentencing guidelines for persons who have no special mitigation range of punishment for persons with mental or physical disability], the sentencing guidelines set under the Act on the Punishment of Violence, etc. (a person with no special mitigation of punishment for persons with mental or physical disability]

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