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(영문) 광주고등법원 2016.05.12 2015노616
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

1. Defendant B

(a) Of the convictions against the Defendant of the first instance judgment, No. 2015, No. 191-2, excluding the crime.

Reasons

1. Judgment on Defendant B

A. The first instance court, the scope of this Court’s trial, dismissed the prosecution against the Defendant on the charge of assaulting the facts charged, 2015 Gohap374.

This part is confirmed as it is because the prosecutor did not appeal against it.

Therefore, this Court's trial scope against the defendant is excluded from this part.

B. The first and third original court rendered a judgment after having completed a separate hearing on the defendant, and this court decided to hold a joint hearing on the appeal case against the first and third original judgment.

However, among the judgment of the court below of first instance, the crime of 2015, 312, 2015, 327, and 327 against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act and the judgment of the court of first instance should be sentenced.

On the other hand, the prosecutor applied for amendment of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) to "special injury" in the name of the crime against the defendant, and Article 3 (1) of the applicable Act to "Article 3 (1) of the Punishment of Violences, etc. Act" was changed to "Article 258-2 (1) of the Criminal Act" in the applicable Act to "Article 258-2 (1) of the Criminal Act". This court permitted the change to be tried

However, the changed judgment of the court below No. 2015 Gohap 214 and 2015 Gohap 288 against the defendant is the same as the crime of No. 2015 Gohap 191 2-2

(b).

The crimes of 2015 and 2015 are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed.

In this respect, among the convictions against the Defendant of the first instance judgment, the remainder except the crime No. 2015 Gohap 191-2-A, and the judgment of the court below No. 3 cannot be maintained any longer, and the reversal cannot be exempted.

Even if there is a reason to reverse ex officio, the defendant's assertion of mistake is still subject to the judgment of this court.

In addition, the defendant's final judgment against the defendant stated in the first head of the crime of the first instance judgment shall be punished by imprisonment with prison labor in the Gwangju District Court on September 3, 2014.

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