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(영문) 창원지방법원 2013.08.22 2012노1247
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by each of the lower courts (the first instance judgment: two years of probation, 160 hours of community service order, 2 years of probation, 3 years of probation, probation, and 120 hours of community service order in August) is too unreasonable.

B. In full view of the police statements of the victim K and the written diagnosis of injury of K, which are evidence submitted by the prosecutor regarding the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the facts charged in the instant case by the prosecutor, the court below rejected the statement of the victim K, which is direct evidence corresponding to this part of the facts charged, and found the defendant not guilty of this part of the facts charged. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Upon ex officio determination, the first and second court sentenced the defendant to the suspended execution of two years in February of each year and two years of probation, probation, and community service order of 3 years of probation, 160 hours of probation, and 120 hours of imprisonment, and the defendant filed an appeal against each of the above two appeals cases. Since the court below's each of the offenses against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single aggravated sentence within the scope of concurrent crimes under Article 38 (1) of the Criminal Act, the judgment of the court below should no longer be maintained since each of the above offenses against the defendant should be sentenced to a single aggravated sentence under Article 38 (1) of the Criminal Act.

However, the prosecutor's above assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal of authority.

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