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(영문) 서울중앙지방법원 2016.05.12 2015노3437
경비업법위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment of 10 months, Defendant B’s imprisonment of 8 months, Defendant C and D, respectively, shall be punished by imprisonment of 6 months.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of the legal principles (Defendant A) and those employed by K are not security manpower, so a crime of violation of the Security Industry Act cannot be established.

2) The sentence of the lower court against the Defendants (Defendant A: 8 months of imprisonment; 1 year of suspended sentence; 1 year of confiscation; 2. Defendant B’s imprisonment; 1 year of suspended sentence; 3.3 years of suspended sentence; 1 year of imprisonment; 3. C, D, E, and 1 year of suspended sentence) is too unreasonable.

B. The judgment of the court below that found the defendant not guilty of the facts charged in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) based on the credibility of the statement made in the investigation agency of the victim N with the victim's misunderstanding of facts 1 is erroneous in the misapprehension of facts and the

2) The lower court’s sentence against the illegal Defendants in sentencing is too unhued and unreasonable.

2. Determination

A. A. An ex officio judgment prosecutor changed the name of the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) to "special damage"; the applicable provision of the Act to "Article 369 (1) and Article 366 of the Criminal Act"; the name of the crime of violation of the Punishment of Violences, etc. (a group, deadly weapon, etc.) shall be "special injury"; the applicable provision of the Act to "Article 258-2 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; and the applicable provision of the Act to change the applicable provision to "Article 258-2 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; this court permitted the change to be tried; the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.; damage to property, etc. including a deadly weapon) and Article 37 of the Security Industry Act, which the lower court convicted Defendant A.

However, despite the above reasons for reversal of authority, Defendant A’s assertion of misunderstanding of the legal principles and prosecutor’s mistake is still subject to the judgment of this court.

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