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(영문) 서울남부지방법원 2015.11.20 2015노1367
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and eight months) by the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

In the trial of the prosecution, the prosecutor applied for changes in the indictment with respect to the applicable provisions of Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act as "Article 284 and Article 283(1) of the Criminal Act", and the name of the crime is "violation of the Punishment of Violences, etc. Act (collectively, Deadly, etc.)" to "special intimidation".

The judgment of the court below was no longer maintained because the applicable provisions of this Act were changed by this court's permission.

3. As seen earlier, 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 of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts of the crime and the evidence admitted by the court are as follows: (a) except that the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) in the facts of the crime as indicated in the judgment of the court below (collectively, deadly weapons, etc.) is deemed to be "3. Special Intimidation"; and (b) the summary of the facts of the

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 283(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, each of the crimes of this case is committed during the period of repeated crimes after serving a sentence for the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes. The crime of this case is committed by the defendant several times, which interferes with, threatens against, and threatens the

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