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(영문) 대구지방법원 2016.06.17 2015노3596
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, three years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the determination of the grounds for appeal by the lower court, the prosecutor: “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” among the names of the crimes against the Defendant as “special intimidation”; “Violation of the Punishment of Violences, etc. Act (Habitual Intimidation)”; “Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc.” in the applicable provisions of the law were applied to change the term “Article 284 and Article 2(1)1 of the Criminal Act” into “Article 285 of the Criminal Act”; and in this regard, since this Court changed the term “the subject of the judgment by permission, etc., the lower judgment is no longer maintained.”

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts constituting the crime and the evidence admitted by this court is as follows: “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” (a) No. 17 of the facts constituting the crime of the lower judgment, and “Violation of the Punishment of Violences, etc. Act (Habitual Intimidation)” (a group, deadly weapon, etc.)” (b) No. 2 of the 12 of the 2 of the 2 of the 2 of the 12 of the 2 of the 2 of the 2 of the 20199 of the 369 of the Criminal Procedure Act is the same as the corresponding column of the lower judgment.

Application of Statutes

1. Relevant Article 285 of the Criminal Act, Articles 283(1) of the Criminal Act’s choice of punishment (including habitual intimidation) regarding criminal facts, Articles 284 and 283(1) of the Criminal Act, and Article 350 of the Criminal Act.

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