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(영문) 의정부지방법원 2015.12.22 2015노1748
폭력행위등처벌에관한법률위반(공동상해)등
Text

All judgment of the court below shall be reversed.

Defendants shall be punished by imprisonment for six months and fine for 200,000 won.

Reasons

1. The summary of the grounds for appeal (Article 1: 6 months of imprisonment, 2 years of suspended execution, 30,00 won of imprisonment, 4 months of suspended execution, 1 year of suspended execution and 300,000 won) that the court below sentenced the Defendants are too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the appeal case against the lower judgment was consolidated. The respective offenses of the lower judgment by the first instance against the Defendants and the offenses of violation of the Punishment of Violences, etc. Act by the second instance judgment under Article 37 of the Criminal Act are concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act. Therefore, the part of the lower judgment and the second instance judgment against the Defendants cannot be maintained as they are.

3. Determination on the grounds for appeal of unfair sentencing (the part concerning the violation of the Punishment of Minor Offenses Act among the judgment of the court below of the second instance) is not sufficient to commit the instant crime.

However, taking into account the following circumstances, the Defendants’ violation of the Punishment of Violences, etc. Act (joint intimidation) committed by the Defendants, etc., and the punishment of suspension of the execution of imprisonment is imposed on the Defendants for a violation of the Act on the Punishment of Violences, etc. (joint intimidation) and other circumstances revealed in the instant case, such as the Defendants’ age, character and conduct, home environment, motive for committing the crime

The Defendants’ assertion is with merit.

4. As such, the part of the judgment of the court of first instance and the judgment of the court of second instance on the violation of the Punishment of Violences, etc. Act (joint intimidation) among the judgment of the court of second instance is reversed ex officio and the part on the violation of the Punishment of Violences, etc. Act among the judgment of the court of second instance on the grounds of appeal by the defendants. Thus, the judgment of the court below is reversed in accordance with Article 3

The judgment of the court of first instance and the judgment of the court of second instance.

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