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(영문) 대구지방법원 2015.10.02 2015노2802
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The judgment of the court below is reversed.

Defendant is the first, second, third, fifth, and sixth-B of the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment with prison labor for the crimes of Nos. 1, 2, 3-B, 5, and 6-B as indicated in the judgment of the court below, and three years of suspended execution in one year and six months of imprisonment with prison labor for the crimes of No. 3-A, 4, and 6-A as indicated in the judgment of the court below) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment on the grounds of ex officio judgment.

Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Articles 3 (1) and 2 (1) of the Criminal Act, and Articles 366 and 283 (1) of the Criminal Act, of the applicable provisions of the Criminal Act, shall be construed as "special property damage, threat, etc.," and "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc., and Articles 366 and 283 (1) of the Criminal Act," "Article 369 (1), 36, 284, and 283 (1) of the Criminal Act," "Violation of the Punishment of Violences, etc. (Destruction, etc.) of the Criminal Act" in the above facts charged, "1. 6 of the Punishment of Violence, etc. (Destruction, etc.)" as "Special Destruction, Destruction, etc. (Destruction, etc. of Deadly Weapons, etc.)", "Violation of the Punishment of Violence, etc. Act," "Special Violence, etc. Act," and Article 16 of the Punishment, etc. of the Criminal Act.

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