logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2016.06.08 2016노58
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The judgment below

Of them, the part against Defendant A, C, and the part of conviction against Defendant B shall be reversed.

Defendant

A. Imprisonment.

Reasons

Defendant

The court below dismissed the charge of assault against the victim S, the victim T, and the victim U among the facts charged against the defendant B, and convicted the remainder of the facts charged (excluding the charge of assault and coercion against the victim AB).

As to this, Defendant B and the Prosecutor appealed each of the guilty parts and did not appeal the dismissed part of the prosecution, the dismissed part of the judgment below against Defendant B (the use of violence against Defendant S, Victims T, and Victims) is separate and final, and only the guilty part is subject to the judgment of this court.

2. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court to the Defendants (two years of imprisonment with prison labor for Defendant A, one year of imprisonment with prison labor for Defendant B, two months of imprisonment, and one year of imprisonment with prison labor for Defendant C) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A. In the first instance trial, the prosecutor filed an application for changes in the contents of “A” under Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Articles 257(1) of the Criminal Act, “B” under Articles 258-2(1) and 257(1) of the Criminal Act, and “B” under Articles 258-2(1) of the Criminal Act, and 257(1) of the same Act, among the names of the crimes against the Defendants. Since this Court was changed by permission, the lower judgment cannot be upheld.

B. In addition, according to the records, Defendant B and C committed a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Changwon District Court (a group, deadly weapons, etc.) on September 26, 2013 in violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in the first instance court 226, 2012, 228, 2012, 326, 2012, 357, 2012, 343, 2012, 543, 2013, 133, 2013, 171, 2013, 171, 2013, etc.).

arrow