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(영문) 인천지방법원 2015.12.16 2015노4281
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment below

The part of the first, second, second and third (Attached Crime List Nos. 1 through 8, 17) of the judgment is a crime.

Reasons

1. The court below sentenced the defendant to the punishment of the crime No. 1, No. 2-b, No. 3 (Attached Crime List No. 1, No. 16, No. 18), and No. 4 as stated in the judgment against the defendant for the crime No. 2 as stated in the judgment against the defendant, the court below sentenced the defendant to the punishment of imprisonment for 8 months, for the crime No. 3 (Attached Crime List No. 9, No. 16, and No. 18), and for the crime No. 4 as stated in the judgment against the defendant, and only the defendant appealed, and the court dismissed all the defendant's appeal before remand.

In this regard, the Supreme Court reversed the part of the first crime, second crime, third crime (attached Form No. 1 to 8, 17) crime in the judgment, and remanded it to this court ex officio, and dismissed the remainder of the defendant's appeal.

Therefore, the scope of this Court's adjudication is the part of the first crime, second B crime, third (Attached Crime List No. 1 to 8, 17) crime in the judgment of the court below.

2. The main point of the grounds for appeal is too unreasonable as the lower court’s punishment is too unreasonable.

3. Prior to the judgment on the grounds for appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor applied for changes in the contents of "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" as "special intimidation", and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" as "Article 284 and Article 283 (1) of the Criminal Act" among the applicable provisions of the Criminal Act. This court permitted this and changed the subject of the judgment, and the remaining guilty part [Article 2-B, Article 3 (Attachment No. 1 through 8, and 17] shall be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained.

4. According to the conclusion, the first and second crimes in the judgment of the court below are committed.

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