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(영문) 대전지방법원 2015.04.23 2014노3593
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The number of seized personnel shall be one (No. 1), a brick, and a brick.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant of intimidation to carry dangerous articles is a D building located in Boli-si C (hereinafter “instant building”).

(2) As in the stairs between the sixth and seventh floors, there is no string of the batteries, which is dangerous to the victims. The victim F has a pipe attached out of the building of this case, and only carried a dangerous object, and there was a attack against the Defendant F, which is dangerous to the victim F. However, there is no fact that the Defendant’s Jinsle is adjacent to the victim F’s right bridge.

B. The sentence of unfair sentencing (one year and two months of imprisonment) by the court below is too unreasonable.

2. Determination

(a) Crimes for which judgment of ex officio or higher punishment has become final and the crimes committed before such judgment has become final and conclusive shall constitute concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes provided for in Article 39(1) of the Criminal Act and a crime for which judgment has not become final and conclusive are concurrently adjudicated

According to the records, the Defendant was sentenced to imprisonment with prison labor for six months and a fine of ten million won for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. on June 12, 2014, at the Hongsung branch of the Daejeon District Court, and on November 8, 2014, the aforementioned judgment became final and conclusive, and the Defendant committed the instant crime before the said judgment becomes final and conclusive.

As above, the crimes for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act.

Pursuant to Article 39(1) of the Criminal Act, punishment for the crime of this case shall be imposed in consideration of equity in cases where the crime of this case and the crime for which judgment has become final and conclusive simultaneously.

However, the court below's "the application of the law" is "1. The treatment of concurrent crimes, the latter part of Article 37 and the first part of Article 39 (1) of the Criminal Act."

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