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(영문) 대구지방법원 2016.03.16 2016노282
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the special intimidation and the rest of each offense against C as stated in the judgment of the court below are concurrent offenses under the former part of Article 37 of the Criminal Act. Thus, inasmuch as the punishment is determined by the method of determining the applicable sentences within the scope of punishment, which has increased concurrent offenses in accordance with Article 38(1) of the Criminal Act, the court below committed a mistake of omitting aggravated punishment. In this regard, the judgment of the court below cannot be maintained further.

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 unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 369(1) and 366 of the Criminal Act, Article 257(1) of the Criminal Act, and Articles 284 and 283(1) of the Criminal Act, as to the facts constituting an offense (a threat to carry dangerous articles);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a special crime of intimidation between crimes of intimidation and between crimes of intimidation, and punishment imposed on a special crime of intimidation heavier than those of each special crime of intimidation);

1. Selection of each sentence of imprisonment;

1. It is recognized that the reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (aggravating concurrent crimes with the punishment of the most severe injury) of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant both led to the confession and wrongs, and the victim E agreed with the victim C, and the victim E does not want the punishment of the defendant.

However, each of the crimes in this case is often taken into consideration the face of the victim C.

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