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(영문) 서울고등법원 2016.01.28 2015노3174
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

[Judgment of the court below in light of the above legal principles, the court below erred by misapprehending the legal principles as to the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) and the violation of the Act on Punishment of Violences, etc. (a collective deadly weapon, etc.) and the violation of the Act on Punishment of Violences, etc. (a collective deadly weapon, etc.) were stated in the grounds for appeal that the Defendant’s wife suffered by the victim is extremely minor and so there is no need to treat, and even without receiving treatment, it does not interfere with daily life, and that the victim’s physical condition was changed naturally as a result of the passage of the time, and thus, it is difficult to conclude that the victim’s physical condition was damaged or that it constitutes a crime of violation of the Punishment of

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The lower court applied Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016), Article 2(1)3 of the Criminal Act, and Article 257(1) of the Criminal Act, which provide for the punishment of imprisonment with prison labor for a limited term of at least three years, to a person who commits a crime under paragraph (1) of the lower judgment.

However, Article 3(1) and Article 2(1) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); and Article 258-2(1) of the Criminal Act (amended by Act No. 13719, Jan. 6, 2016) provides that “Any person who commits a crime under Article 258 (1) or (2) by putting the threat of group or multiple force or carrying a dangerous object shall be punished by imprisonment with prison labor for not less than one year but not more than ten years” and Article 2 of the same Act provides that “Any person who commits a crime under Article 258 by putting the threat of group or multiple force or carrying a dangerous object shall be punished by imprisonment with prison labor for not less than two years but not more than 20 years.”

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