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(영문) 의정부지방법원 2015.10.21 2015노2137
폭력행위등처벌에관한법률위반(공동협박)
Text

The judgment below

Part concerning Defendant A and E shall be reversed.

Defendant

A Imprisonment with prison labor for eight months and for defendant E.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (eight months of imprisonment) is too unreasonable.

B. Defendant B (1) In fact-finding, the Defendant merely delivered the instant facts charged to K upon the request of A, the main owner of the business where the Defendant works as the head of the business division, and did not take part in the instant crime for the purpose of continuing or maintaining the “IP,” but there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

(2) The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

C. Defendant E’s imprisonment (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor, at the trial court, applied for changes in the indictment with regard to the name of the defendant as "special assault" from "violation of the Punishment of Violences, etc. Act (collectively weapon, etc.)"; the applicable provisions of the Acts to "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; and Article 260 (1) of the Criminal Act" to "Articles 261 and 260 (1) of the Criminal Act; the court below changed the subject of the judgment by granting permission for changes in the indictment

The Defendant sought ex officio determination to the effect that the statute of limitations for the instant crime was imposed in accordance with the amendment to the indictment above.

If there is a difference in the statutory punishment due to the change of the facts charged by the process of indictment or modification of indictment, it shall be deemed that the statutory punishment for the changed facts charged is the basis of the statute of limitations period. Therefore, if the statutory punishment for the facts charged at the time of prosecution has not yet expired at the time of prosecution, but it is based on the changed facts charged, at the time of prosecution.

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