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(영문) 대전지방법원 2016.11.03 2016노1631
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal (an unfair form of punishment: imprisonment with prison labor for 6 months, and imprisonment with prison labor for 1 year) are too unreasonable.

2. The court of the trial at its discretion decided to hold a joint hearing of each appeal case against the defendant by the court below.

Each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment aggravated for concurrent crimes by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. 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 the above ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 261 of the Criminal Act applicable to the crime, Articles 260(1) of the Criminal Act (the point of special violence, the choice of imprisonment), Article 2(2) and Article 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply), Article 2(1)3 of the Criminal Act, Article 257(1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act, Article 2(2) and (1)1 of the Criminal Act, Article 260(1) of the Criminal Act, Article 276(1)2 of the former Punishment of Violences, etc. Act, Article 258-2(1) and (257(1) of the Criminal Act (special injury) of the Criminal Act

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, together with multiple accomplices, commit a collective harmful act against the victims.

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