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(영문) 제주지방법원 2017.06.22 2017노89
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the defendant was sentenced ex officio by the Jeju District Court on March 19, 2015 to the punishment of injury, six months of imprisonment with prison labor, and one million won of fine on June 12, 2015. The above judgment becomes final and conclusive on June 12, 2015. Since each of the crimes and the above bodily injury, and the crime of interference with business, which became final and conclusive in the judgment of the court below with respect to the defendant, are concurrent crimes under Article 37 of the Criminal Act, and the crime of injury, and the crime of interference with business, are related to a group of concurrent crimes after Article 39(1) of the Criminal Act, the sentence shall be imposed in consideration of equity with which the judgment is to be

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

【Judgment to be used again] On March 25, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of bodily injury at the Jeju District Court and two years of suspended execution, and was sentenced to one year of imprisonment with prison labor for the crime of bodily injury at the same court on September 23, 2009, and on February 5, 2010, the above judgment became final and conclusive, and the sentence of suspended execution became void on January 14, 201. On March 19, 2015, the judgment became final and conclusive on June 12, 2015 upon being sentenced to six months of imprisonment with prison labor for the crime of bodily injury, interference with business, and one million won of fine at the Jeju District Court.

1. On April 23, 2012, the Defendant of special intimidation: (a) around 00:41 on April 23, 2012, the Defendant: (b) around the restaurant of “D” located in Jeju Island; (c) on the ground that the latter part of the D, E, in the restaurant, entered the restaurant, and took a knife in the kitchen, and (d) during the dispute between E and E, the Defendant saw the restaurant customer of the size of the paper No. A4, which is a dangerous object, into a knife, and thrown away the door door of the size of the paper “......”

E-. The phrase “E.”

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