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(영문) 대구지방법원 2016.12.23 2016노3941
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment of the court below is reversed.

The crime of violation of the Punishment of Violences, etc. Act (joint conflict), in the judgment of the defendant.

Reasons

1. The summary of the grounds for appeal is that each punishment (a violation of the Punishment of Violences, etc. Act, a violation of the Punishment of Violences, etc. Act and a violation of the Punishment of Violences, etc. Act: Imprisonment with prison labor for a maximum of ten months, a short of eight months, and each perjury teacher in the holding: a short of one year and ten months, a short of one year) declared by the court below is undue.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant, as AG students, was sentenced to an irregular term of punishment by falling under “juvenile” as provided by Article 2 of the Juvenile Act at the time the judgment of the lower court was rendered, but it is apparent that the Defendant did not constitute a juvenile under the age of 19 only when he was in the trial. Therefore, the lower judgment that sentenced the Defendant to an irregular term of punishment was no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court are as follows: (a) the facts constituting an offense of the lower court [2016 Highest 2328] part 18 of Paragraph (1) of Article 18 of the Criminal Procedure Act (hereinafter referred to as “lowly mixed”) are the same as the facts constituting an offense of the lower court, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply), Article 350(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); Article 2(2) and Article 2(1)3 of the former Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Articles 152(1) and 31(1) of the Criminal Act; Articles 257(1) of the Criminal Act; Articles 152(1) and 31(1) of the Criminal Act; Articles

1. Since the confession under Articles 153 and 55(1)3 of the Criminal Act was made, each crime of perjury is committed.

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