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(영문) 울산지방법원 2016.08.25 2015노1000
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentence imposed by the court below (one year of imprisonment, two years of suspended execution) is too unfased and unfair.

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

In the trial of the court, the prosecutor applied Article 3(1), Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act, “A person who requests changes in the contents of each change to the court,” and the subject of the judgment of the court below was changed by this court, and thus, the judgment of the court below cannot be maintained any further.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is ruled as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for the correction of the "Violation of the Special Act on the Punishment of Violence, Etc. (Intimidation, etc., in Group Deadly Weapons, etc.)" as the "special intimidation" of the second page of the facts constituting an offense of the judgment below, as stated in the corresponding column of the judgment below.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of intimidation carrying dangerous articles), Article 283(1) of the Criminal Act (the point of intimidation) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the nature of the crime is not weak in light of the content and method of the crime in this case, and that no agreement has been reached with the victim is disadvantageous to the defendant, but the defendant is the victim.

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