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(영문) 청주지방법원 2015.11.27 2015재노15
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Certificates of seized nets (Evidence No. 1) and colored seals.

Reasons

1. Summary of grounds for appeal;

A. Defendant (i) The Defendant was in a state of mental disability due to shock disorder, depression, etc. at the time of this case.

B. The sentence sentenced by the court below on the grounds of unfair sentencing (two years of imprisonment, confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for amendments to the Act on the Aggravated Punishment, etc. of Specific Crimes in the name of the crime, "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes", "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 329 and 342 of the Criminal Act" in the applicable provisions of Articles 332, 329 and 342 of the Criminal Act, "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" in the facts charged, "2." in the facts charged, and since the court permitted it, this part of the judgment below

On the other hand, this part of the facts charged and the remaining facts of the crime that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

【D. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)” is the same as the corresponding column of the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act, inasmuch as the criminal facts against the defendant recognized by the court in light of the criminal facts and the summary of evidence.

Application of Statutes

1. Criminal facts;

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