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(영문) 대구지방법원 2017.09.08 2017재노29
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

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

With respect to the crime No. 2 of the facts stated in the judgment below at the trial for the first time, the prosecutor applied each "Violation of the Punishment of Violences, etc. Act (damage, etc. to a group of deadly weapons)" as "damage to special property", and each of the applicable provisions of the law "Article 3 (1), 2 (1) 1, and Article 366 of the Criminal Act" as "Article 369 (1), and Article 366 of the Criminal Act" as "Article 369 (1), and Article 366 of the Criminal Act" as "Article 369 (2) of the Criminal Act". Since this court permitted this, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below has a ground for reversal ex officio as above, and the remaining crimes as stated in the judgment of the court below are treated as concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below has to be reversed in its entirety.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment is again ruled 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 cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the case where the part of the judgment below's violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) as "damage to 2. Special Property" is deemed as "damage to 2. Special Property."

Application of Statutes

1. Article 369 (1) and Article 366 of the Criminal Act applicable to the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving a motor vehicle) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The Criminal Act for aggravated repeated crimes.

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