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(영문) 청주지방법원 2016.09.23 2016노487
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

The defendant above.

Reasons

1. The summary of the reasons for appeal is that each punishment of the original judgment (No. 1: imprisonment with prison labor and a fine of three million won; fines of one million won: the original judgment; fines of one million won; fines of three million won: the third original judgment; and fines of three million won: the original judgment; and fines of seven hundred thousand won) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

The judgment of the court below was rendered and the defendant filed each appeal against it, and this court decided to hold a joint hearing of all of the above appeal cases. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained any more.

3. The court below's conclusion is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without further proceeding to decide on the defendant's unfair argument of sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

【Re-written judgment] The summary of facts constituting an offense and evidence presented by the court is identical to each corresponding column of the judgment of the court below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 (1), Article 257 (1) of the Criminal Act (the point of harm caused by carrying dangerous articles), Article 257 (1) of the Criminal Act (the point of harm), Article 148 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of unlicensed driving), Article 329 of the Criminal Act (the point of damage caused by occupational and actual damage), Article 151 of the Road Traffic Act (the point of damage), Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act (the point of harm caused by occupational and actual damage), Article 158 of the Road Traffic Act (the point of harm caused by the transfer of an access medium), Article 158 (1) 1 and Article 6 (4) 1 of the former Security Act (amended by Act No. 1865, Feb. 16, 20196)

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