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(영문) 부산지방법원 2014.04.17 2013노3501
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the original court (No. 1 year of imprisonment: 1 year of imprisonment; 2 year of imprisonment: 1 year and 6 months) is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to jointly examine each appeal case against the judgment of the court below. On the other hand, all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the entries in the corresponding column of the judgment of the court of first and second instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

1. Article 3(1) and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257(1) of the Criminal Act; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 314(1) of the Criminal Act; Article 319(1) of the Criminal Act; Article 319(1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act to increase concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows.

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