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(영문) 제주지방법원 2015.10.29 2015노389
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

The number of seized evidence 1 (knife) shall be 1.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and eight months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds of appeal ex officio, prior to the judgment on the grounds of appeal ex officio, the prosecutor examined the crime of this case and the facts charged with the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) as "special intimidation"; "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act" among the applicable provisions of this Act as "Articles 284 and 283(1) of the Criminal Act"; "Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" in Article 283(3) of the indictment as "special intimidation"; "Article 3.3" in Article 3(3) of the indictment as "the Act on the Punishment of Violences, etc. (collective, Deadly Weapons, etc.)" as "a dangerous object"; "the person who is a dangerous object" in Article 5(3) 2 of the indictment as "the court below changed the subject matter of the judgment

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts of the crime and the evidence against the defendant recognized by this court is as stated in each corresponding column of the judgment below, except for the case where the "Violation of the Punishment of Violences, etc. Act (collectively, Deadly Weapons, etc.)" in paragraph (3) of the facts of the crime as stated in the judgment of the court below is changed into "special intimidation 3.", "a dangerous person" in paragraph (3) 2 to "a dangerous person", and "a dangerous person" in paragraph (5) to "a dangerous person" as stated in each corresponding column of the judgment of the court below. Thus, it

Application of Statutes

1. The relevant Article of the facts constituting the crime and the choice of punishment, etc.;

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