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(영문) 서울고등법원 2016.01.28 2015노2978
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years, for two years and six months, for Defendant B and for one year, for Defendant C.

Reasons

1. The specific lower court dismissed each of the charges on the grounds that the victims expressed their intent not to be punished against the Defendant after instituting the prosecution of this case regarding each of the assault committed by Defendant B among the facts charged of this case, and sentenced the Defendant not guilty and the part of the remaining facts charged was acquitted.

Defendant

D. The part of the conviction is appealed, and the prosecutor appealed the part of the conviction and the part of the acquittal (including the acquittal of reasons) and dismissed the prosecution as it is not appealed, and the part of the dismissal of the prosecution is separated and finalized as it is. Thus, only the part of the conviction and the acquittal (including the acquittal of reasons) belongs

2. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, it is found that the defendants jointly and delivered a passport by entering the victimN, and the defendant B was convicted of all the facts of the facts of this case that the victim was injured by the victim with a dangerous object, and the kitchen gate, which is a dangerous object, had been carried by the defendant B, and detained the victim with the kitchen gate, which is a dangerous object. However, the judgment of the court below acquitted the defendant of all of the facts of this case, there is an error in the misapprehension of facts.

2) The sentence of the lower court’s unfair sentencing (Defendant A: 3 years of suspended sentence in 2 years of imprisonment; 4 years of suspended sentence in 2 years and 6 months of suspended sentence; 3 years of suspended sentence in 1 year and 6 months of suspended sentence; 1 year of suspended sentence in 1 year and 6 months; and 1 year of imprisonment) is too unjustifiable.

B. Defendant D’s punishment (one year of imprisonment) is too unreasonable.

3. Before making a judgment on the grounds for an ex officio appeal, the prosecutor's judgment on the grounds for appeal was examined ex officio, and Article 3 (1) and Article 2 (1) of the Punishment of Violences, etc. Act applies in the applicable law to ① Violation of the Punishment of Violences, etc. Act (violation of the Act on the Punishment of Violences, Etc., collectively with a deadly weapon, etc.) among the names of the crimes against Defendant A, B, and C as "special confinement," and Article 2 (1) of the same Act.

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