(영문) 대구지방법원 2016.01.14 2015노3605 | 리걸엔진

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(영문) 대구지방법원 2016.01.14 2015노3605

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 500,000.

The above fine shall be imposed on the defendant.

Reasons

1. On May 4, 2015, the lower court dismissed the public prosecution against the Defendant C, among the facts charged in the instant case.

The prosecutor did not appeal against this, and only the defendant filed an appeal against the guilty portion. Since the dismissed part of the judgment of the court below becomes final and conclusive in excess of the period of appeal, the scope of the judgment of this court is limited to the convicted part of the judgment of the court below.

2. The decision of the court below on the gist of the grounds for appeal is too unreasonable (one year and six months of imprisonment and a fine of 500,000 won).

3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the trial of the case, the prosecutor applied for changes in the name of the crime against part of the facts charged in this case and the applicable provisions of the law, and the judgment of the court below cannot be maintained as it is by this court.

4. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 261, 260(1) (a)) of the Criminal Act concerning the facts constituting an offense, and the choice of punishment, as well as Articles 261 and 260(1) (a)) of the Criminal Act, Article 314(1) (a)) of the Criminal Act, Article 257(1) (a)) of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 260 of the Punishment of Minor Offenses Act, Article 3(3)1 of the Punishment of Minor Offenses Act (a request for revocation of an official seal, and selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and 3, and Article 50 of the Criminal Act (each special assault, each business offence, interference with, and injury to each business), respectively.

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