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(영문) 서울중앙지방법원 2018.06.29 2017노2852
절도미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

In full view of the purpose of the Punishment of Violences, etc. Act, legislative intent, and logical interpretation of the language and text, the lower court rendered a not-guilty verdict on this part of the facts charged by narrowly narrowing the scope of application of the Punishment of Violences, etc. Act. The lower court’s judgment is unlawful.

Even if the defendant's act does not constitute a crime of violation of the Punishment of Violences, etc. Act (a person who commits a crime).

Even if there is room to correspond to special violence, special intimidation, etc. in criminal law.

The punishment of the lower court (six months of imprisonment, two years of suspended sentence, order of observation of protection, order of medical treatment) is too unfasible and unfair.

Before the judgment on the grounds for appeal ex officio, the prosecutor applied for amendments to Bill of Amendment to the Punishment of Violences, etc. Act to "Special Violence" in the name of the defendant in the trial of the defendant, and "Article 7 of the Punishment of Violences, etc. Act" in the applicable law as "Articles 261 and 260 (1) of the Criminal Act", and "the prosecutor carried dangerous articles that are likely to be used for the crime without good cause, such as threatening the pluger's threat, etc." among the facts charged related to the violation of the Punishment of Violences, etc. Act (the person who is likely to commit the crime)", "The prosecutor applied for amendments to Bill of Amendment to the Punishment of Violence, etc. Act to "the victim F by assaulting the F.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

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