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(영문) 인천지방법원 2014.11.13 2014노2744
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

Each part of the first and second original judgments shall be reversed on the defendant.

Defendant shall be punished by imprisonment for a period of one year and eight months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the respective punishment sentenced by the original court against the defendant (the first original judgment: imprisonment of 1 year and 6 months, and the second original judgment: imprisonment of 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes recognized by the court of first and second instance against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single punishment within the scope of the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained as it is.

3. As such, the part of the first and second judgment of the court below concerning the defendant is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part concerning the defendant among the first and second judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of assaulting carrying dangerous objects), Articles 60 (1) 2 and 4 (1) 1 and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 (a) and 3 (10) of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 (a) and 3 (10) of the Act on the Control of Narcotics, etc., and Article 314 (1) of the Criminal Act for criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade shall apply to victims E and H.

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