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(영문) 대구지방법원 2014.12.12 2014노3352
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the reasons for appeal (the maximum of six months of imprisonment and the short of four months) of the lower court is deemed to be too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was I students, and the Defendant was sentenced to an irregular term of punishment pursuant to Article 60(1) of the Juvenile Act at the time of the judgment of the lower court, as he fell under the juvenile under Article 2 of the Juvenile Act at the time of the judgment of the lower court, but it is apparent that the Defendant was the adult of the age of 19 in the first instance trial. As such, the lower judgment that sentenced the Defendant to an irregular term of punishment became unable

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault, the choice of imprisonment), Article 283 (1) of the Criminal Act (the point of intimidation, the choice of imprisonment), Article 324 of the Criminal Act (the point of coercion) concerning the crime;

1. From among concurrent offenders, each of the crimes of this case committed by the defendant on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, each of the crimes of this case committed by assaulting, threatening, and forcing the victims to play a dead body without being aware of even though the defendant was confined in prison due to special larceny, etc., with the aim of committing each of the crimes of this case. The physical play is highly dangerous in nature, the defendant has a record of receiving juvenile protective disposition several times, and the defendant did not agree with the victim E and F until the trial. Meanwhile, the defendant led to the crime of this case and is in violation of depth.

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