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(영문) 춘천지방법원 강릉지원 2016.07.21 2016재노5
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal (misunderstanding of legal principles and improper sentencing)

A. The lower court applied Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014); thus, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court (two years of imprisonment) is too unreasonable.

2. Ex officio determination

A. According to the records on the latter part of Article 37 of the Criminal Act, the defendant may be found to have been sentenced to one year and eight months from November 25, 2015 to imprisonment with prison labor for injury, etc. on April 4, 2016, which became final and conclusive after being sentenced to imprisonment with prison labor for the crime of injury, etc. In this regard, each of the instant offenses and the crime of injury for which judgment became final and conclusive under Article 39(1) of the Criminal Act are in the relation of concurrent crimes after Article 37 of the Criminal Act, and shall be sentenced to punishment for each of the instant offenses, taking into account the case where each of the instant offenses and each of the instant offenses for which judgment has become final and conclusive under Article 39(1) of the Criminal Act simultaneously with the case where each

B. With respect to the act of assaulting carrying dangerous articles among the facts charged in the instant case at the trial of the prosecutor of the amendment of the indictment, the name of the crime is "special assault" as "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" and the applicable provisions of the Act as "Articles 3 (1), 2 (1) 1, and 260 (1) of the Punishment of Violences, etc. Act" under "Articles 261 and 260 (1) of the Criminal Act" and "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" under "violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act)" and "Article 3 (1), 2 (1) 3, Article 257 (1) 1 of the Criminal Act and Article 257 (1) 25-28 (1) of the Criminal Act as "Article 25-7 (1) of the Criminal Act."

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