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(영문) 춘천지방법원 강릉지원 2016.03.31 2015노792
폭력행위등처벌에관한법률위반(집단ㆍ흉기등강요)등
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

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

With respect to the coercion of carrying dangerous articles among the facts charged in the instant case, the prosecutor applied the applicable law to “special coercion” as “violation of the Punishment of Violences, etc. Act (a collective weapon, etc.)”, and Article 3(1)2 of the Punishment of Violences, etc. Act and Article 324 of the Criminal Act “Article 324(2) and (1) of the Criminal Act” were amended to “Article 324(2) of the Criminal Act and Article 324 of the Criminal Act,” and the subject of the judgment was changed by the court.

Since the above crime and the rest of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be sentenced, the judgment of the court below cannot be maintained any more in this respect.

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 unfair argument of sentencing, and the judgment of the court below is reversed, and the following decision is delivered through a change of opinion.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 324(2) and 324(1) of the Criminal Act (the point of coercion), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of imprisonment for each of the following reasons:

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for the offense of which punishment is the most severe special coercion);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The Defendant committed the instant crime with the reason of sentencing under Article 62-2 of the Criminal Act for the observation of protection.

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