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(영문) 부산지방법원 2015.02.05 2014노2690 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All parts of the judgment of the court below against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

(b).

Reasons

1. The first instance court sentenced the defendant to 1 year and 2 months of imprisonment, and the second instance court sentenced to 6 months of imprisonment respectively. The prosecutor asserts that the court below's punishment is too unaffortable and unfair, and the defendant asserts that the punishment of the court below is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, the part of the judgment of this case against the defendant among the judgment of this case is not maintained any more, since all of the crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and as long as this court concurrents and examines these crimes, the punishment should be imposed in a lump sum in accordance with Article 38 of the Criminal Act.

3. Accordingly, the judgment of the court below on the part of the defendant among the judgment below is reversed, and this part of the judgment of the court below is again decided as follows, without examining the grounds for ex officio reversal of unfair sentencing by both parties, pursuant to Article 364(2) and (6) of the Criminal Procedure Act.

Criminal facts

The summary of the evidence and the criminal facts and the summary of the evidence against the defendant recognized by this court are identical to each corresponding part of the judgment of the court below, and they are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of the Acts and subordinate statutes (Reversal part)

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act as to the crime, Article 283(1) of the Criminal Act, Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Criminal Act, Article 257(1) of the Criminal Act, Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 2(2) and Article 260 of the Criminal Act, Article 260 of the Criminal Act, Article 260 (1) and Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act.

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