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(영문) 광주지방법원 2016.04.28 2015노3545
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Of the judgment of the court of first instance, the part against Defendant A, B, and F and the judgment of the court of second instance shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendants: The punishment of the first instance judgment (defendant A: imprisonment of one year and six months; imprisonment of two years; imprisonment of two years; imprisonment of two years and imprisonment of two years and six months) is too unreasonable.

(b) Prosecutor: The type of the 2nd adjudication decision (1,000,000 won in penalty) is too unhued and unreasonable.

2. Before making ex officio decisions on the prosecutor’s ex officio and the reasons for appeal by the Defendants, the part concerning Defendant A, B, and F and the judgment of the court of the court of first instance can no longer be maintained for the following reasons.

A. In the appellate trial, the Prosecutor’s ex officio judgment on the Defendants filed an application for changes in the name of the Defendants’ crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) under the Criminal Act, and the applicable legal provision “Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act,” respectively, to “Article 258-2(1) and Article 257(1) of the Criminal Act,” and the subject of the judgment was changed by this court’s permission.

Therefore, the part of the judgment of the court of first instance against Defendant A, B, and F is no longer maintained.

B. As the judgment of the court below against Defendant F’s ex officio determination is rendered, the first and the second court rendered each judgment, and the prosecutor filed each appeal against the second court’s judgment against the Defendant, and the court rendered a decision to jointly deliberate on the two appeals cases.

However, since each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1)2 of the Criminal Act. In this respect, the part of the judgment of the court below against the defendant and the judgment of the court below of the second instance cannot be maintained as it is.

3. As such, the part of the judgment of the court below regarding Defendant A, B, and F and the judgment of the court Decree No. 2 shall be reversed ex officio.

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