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(영문) 수원지방법원 2016.05.12 2015노5320
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor tried to amend the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) to "special intimidation" among the facts charged in the instant case, and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act" in the applicable law, "Article 284 and Article 283 (1) of the Criminal Act," and "Article 283 (1) of the Criminal Act," respectively, in the applicable law, the prosecutor requested to amend the bill of amendment to the effect that "Article 284 and Article 283 (1) of the Criminal Act," and the judgment of the court was no longer maintained due to the change in the subject matter of the judgment

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The criminal facts of the defendant and the summary of evidence recognized by this court are identical to the facts constituting the crime of the court below, except for the alteration of "2. Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) to "2. Special Intimidation" as stated in the corresponding column of the court below's judgment, and thus, they are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 7 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 284 and 283 (1) of the Criminal Act, Article 36 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of imprisonment with labor, respectively;

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 48(1)1 of the Criminal Act appears to have committed the instant crime in a contingent and impulse manner under the influence of alcohol at the time, and the victim C.

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