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(영문) 서울남부지방법원 2015.11.12 2015노1244
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The number of seized stiffies (No. 1) and one of the two stiffies.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the judgment of the court below, the Defendant did not have committed a crime as stated in the facts charged of a residential intrusion and a special assault on April 12, 2015, among the facts charged in the 2015 Go-Ma141, 2015 Go-Ma1568, and 2015 Go-Ma1942, and the facts charged in the 2015 Go-Ma1524.

Nevertheless, the court below found the above facts charged guilty, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Of the facts charged in the case of 2015 Go-Ma1005, 2015 Go-Ma1632, and the facts charged in the case of 2015 Go-MaMa1524, the Defendant with mental or physical disorder was under the influence of alcohol and had no or weak ability to discern things or make decisions at the time of committing each crime as stated in the facts charged of injury and interference with business of March 29, 2015.

C. The sentence of imprisonment (one year of imprisonment and confiscation) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor examined the case as follows; the prosecutor applied for changes in the contents of each applicable provision to "Article 261 and Article 260 (1) of the Criminal Act" among the facts charged in the case of "2015 Go-Ma1524" as stated in the judgment of the court below; and the part concerning the violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) among the facts charged in the case of "2015 Go-Ma1942" as "special violence"; and each applicable provision of the law was changed from "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act" to "Article 261 and Article 260 (1) of the Criminal Act". The court was changed by granting permission.

Therefore, the above facts charged with the change of criminal name and applicable provisions of law and the remaining facts charged for substantive concurrent crimes under the former part of Article 37 of the Criminal Act are recognized as guilty.

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