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(영문) 광주고등법원 2014.07.03 2014노161
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

, however, for three years from the date this judgment became final and conclusive.

Reasons

The court below's scope of trial in this case dismissed the prosecution as to assault among the facts charged in this case, and convicted the remainder of the facts charged, and only the defendant appealed against the guilty part.

The judgment below

Since the dismissal of public prosecution is separated from the failure of both parties to appeal, the scope of inquiry of this court shall be limited to the conviction of the original judgment.

The summary of the grounds for appeal (unfair punishment) of the lower court (one year and six months of imprisonment) is too unreasonable.

Judgment

Basic crimes within the scope of recommendations under the sentencing guidelines: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of Punishment): Violence, intimidation, Purpose of Retaliatory [Special Convicts] - Reduction element of punishment: Non-reduction of punishment [Scope of Recommendation]; Imprisonment with prison labor for four months to one year [the scope of the revised punishment] for six months from six months to one year (the lowest limit of the sentence range recommended by the sentencing guidelines is lower than the lowest limit of the applicable sentence; thus, the minimum limit of the sentence range is lower than the applicable sentencing range] - Violation of the Punishment of Violences, etc. Act (Determination of the sentence): Violation of the Punishment of Violences, etc. Act (collective, deadly Weapons, etc.): - Violation of the Punishment of Violences, etc. (Special Intimidation of Sentence] - Reduction element of punishment [specific : Reduction of sentence] - Reduction range of imprisonment without prison labor for four months [the scope of recommendation]; negative minimum of the applicable sentencing guidelines [the scope of imprisonment for one year to six years]; negative mitigation of punishment [the minimum of the applicable punishment range of general sentencing [the minimum of punishment]

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