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(영문) 부산지방법원 2016.04.21 2015노4723
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of two years.

Reasons

1. Summary of grounds for appeal;

A. In regard to the misunderstanding of facts (Defendant B) 1, the violation of the Punishment of Violences, etc. against Victims D, Victims E, and F Act (joint injury) and the violation of the Punishment of Violences, etc. against Victims F (joint threat), Defendant B did not use violence against the victim D, E, and F, but did not take money and valuables from the victim F.

2) Defendant B did not receive money and valuables from the victim F and L with respect to the conflict with the victim F and L.

B. The sentence of the lower court (Defendant A and B: 3 years of imprisonment, and Defendant B: 2 years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal by the Defendants, the prosecutor examined the Defendants’ appeal ex officio, and the Prosecutor sentenced the Defendants to “special injury” from among the names of the crimes against the Defendants in violation of the Punishment of Violences, etc. Act; Article 2(2)3 of the Punishment of Violences, etc. Act; Articles 258-2(1), 257(1), 350(1), 30, and 37 subparag. 38 of the Criminal Act; Articles 2(2)3 of the Criminal Act and Article 258-2(1), 257(1), 257(1), 38 of the Criminal Act and Article 37 of the Criminal Act were amended to the effect that each of the above crimes was modified to the extent that the Defendants violated Article 8(2)3 of the Punishment of Violences, etc. Act; Article 258-2(1), 257(1), 350(1), and 38(1) of the Criminal Act and Article 37(1) of the Criminal Act.

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