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(영문) 부산지방법원 2014.06.12 2013노4325
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

All parts of the judgment of the court below against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

each of the seizures.

Reasons

1. The summary of the grounds for appeal (Article 1: 2 years of imprisonment with prison labor, and Article 2: 4 months of imprisonment) of the original judgment is too unreasonable.

2. Before determining the Defendant’s assertion of unreasonable sentencing ex officio, the two crimes among the judgments of the lower court in this case are concurrent crimes under the former part of Article 37 of the Criminal Act, and as long as this court concurrently tried and tried, the Defendant should be sentenced to one punishment for each of the above crimes under Article 38 of the Criminal Act. As such, the lower judgment was no longer maintained.

3. Under Article 364(2) and (6) of the Criminal Procedure Act, without proceeding to decide on the Defendant’s assertion of unfair sentencing, the part of the lower judgment against the Defendant among the lower judgment ex officio is reversed, and this part is again decided as follows through pleading.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to each corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) The point of possession of a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act;

(b) Point that obstructs the performance of duties by railroad workers: Articles 78 (1) and 49 (2) of the Railroad Safety Act;

(c) Point of interference with business: Article 314 (1) of the Criminal Act.

(d) The point of causing property damage: Article 366 of the Criminal Act;

(e) The point of an injury by carrying a deadly weapon: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act.

(f) Point of assault: Article 260 (1) of the Criminal Act;

(g) An injury: Article 257(1) of the Criminal Act;

(h) A larceny: Article 329 of the Criminal Act;

(i) The point of obstruction of performance of official duties: Article 136(1) of the Criminal Act;

1. The crime of violating the Railroad Safety Act under Articles 40 and 50 of the Commercial Concurrent Crimes Act and the crime of October 11, 2013.

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