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(영문) 춘천지방법원 강릉지원 2016.06.23 2015노740
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등
Text

The judgment below

Among the guilty portion and the innocent portion, the violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) shall be committed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts and improper sentencing) (1) did not interfere with the victim by carrying excessive personal information, and as a result, entered the victim’s residence with the understanding of the victim, the crime of intrusion upon residence is not established.

2) The entire conviction

Even if the court below's punishment (three years of suspended sentence in January and June) is too unreasonable.

B. According to the evidence submitted by the prosecutor, such as the prosecutor’s statement (misunderstanding of facts and improper sentencing) and the victim’s statement, the Defendant is found guilty of all of the charges of this case’s personal injury and coercion.

2) The sentence of the lower court is too unhued and unreasonable.

2. The grounds for both ex officio appeal are examined ex officio prior to the determination of the grounds for appeal.

In the trial of the court below, with respect to the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), the crime was committed against the prosecutor’s act of carrying dangerous articles, which are part of the facts charged regarding the guilty portion in the judgment of the court below. Article 6, 3(1), and 2(1)3 of the Punishment of Violences, etc. Act, and Article 350(1) of the Criminal Act, “Article 352, 350-2, and 350(1) of the Criminal Act,” and Article 350(1) of the Criminal Act, “the crime was committed against the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)” and Article 5(2) of the same Act applicable to the case of bodily injury with carrying dangerous articles, which are part of the facts charged as to the acquittal portion in the judgment of the court below, thereby modifying Article 352, Article 350(1) of the Criminal Act, and Article 5(2)1) of the Punishment of the Criminal Act.”

In this regard, each offense of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a group, a deadly weapon, etc.) and the remaining offense of conviction in the judgment below are concurrent crimes under the former part of Article 37 of the Criminal Act.

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