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(영문) 대법원 2015.11.27 2015도12462
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
Text

The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

Reasons

The grounds of appeal are examined ex officio prior to examining them.

Where there is no change in the punishment even after the change in the law after the crime has been committed, the method of action shall be applied in accordance with Article 1 (1) of the Criminal Act.

Of the facts charged in the instant case, the lower court convicted the Defendant by applying Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act and Article 283(2) and (1) of the Criminal Act with regard to intimidation to carry dangerous goods on or around June 2014 (hereinafter “Assault Punishment Act”), but was subsequently amended by Act No. 7891, Mar. 24, 2006; and was amended by Act No. 12896, Dec. 30, 2014.

c. The term “former Punishment of Violence Act” (hereinafter referred to as “former Punishment of Violences Act”).

(1) As there is no change in the sentence compared to Articles 3(1) and 2(1)2 of the Act, and Article 283(2) of the Criminal Act, the lower court should have applied the corresponding provision of the former Punishment of Violences Act. However, the lower court did not have any error in the application of the aforementioned statutes, which affected the conclusion of the judgment. However, the part of Article 3(1) of the former Punishment of Violences Act stating that “a person who commits a crime under Article 283(2) of the Criminal Act by carrying a deadly weapon or other dangerous object,” “Article 28

The purpose is that a person who, carrying a deadly weapon or other dangerous object, threatens his or her spouse's lineal ascendant shall be punished by imprisonment for a limited term of not less than two years, which is heavier than the statutory penalty prescribed by Article 283(2) of the Criminal

Meanwhile, Article 284 of the Criminal Act provides that a person who commits a crime of intimidation by carrying dangerous articles under Article 283(2) of the Criminal Act shall be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding 10 million won. The meaning of the provision of the Punishment of Violences Act is the same as that of carrying a deadly weapon or other dangerous articles under Article 284 of the Criminal Act.

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