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(영문) 광주지방법원 2015.04.23 2015노546
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal (the first instance judgment: 10 months, the second instance judgment: the fine of 2,00,000, the third instance judgment: the fine of 500,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine the three cases of appeal by combining the three cases of appeal by the defendant. The crimes of each case deliberated in the trial by the court in question are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot avoid reversal.

3. Accordingly, 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, and it is again decided as follows.

Criminal facts

The gist of the facts charged and the evidence admitted by this court is as follows: (a) the Defendant’s partial statement was deleted in the summary of each evidence of the judgment of the court below; and (b) except that it was used as “1. The Defendant’s party trial statement” and “1. The Defendant’s party trial statement” were written in each corresponding column of the judgment of the court below; and (c) thus, it

Application of Statutes

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act; Article 314(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 250(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 319(1) of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act (the crime of assaulting groups, deadly weapons, etc. and the crime of interference with business as of June 29, 2014) for the ordinary concurrent crimes.

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