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(영문) 춘천지방법원 강릉지원 2015.11.12 2015노544
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

A seized net value (No. 1).

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) of the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

In regard to the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) among the facts charged against the defendant in the trial of the court, the prosecutor applied for the amendment of the indictment with regard to the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) and the violation of Article 3(1), Article 2(1)1, and Article 366 of the Punishment of Violences, etc. Act (a collective action, a deadly weapon, etc.) to change the applicable provisions to “Article 369(1) and Article 366 of the Criminal Act” and Article 366 of the Criminal Act. This court permitted this, thereby changing the subject of the judgment, and the lower court sentenced the same by deeming the remaining crimes to be concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's argument of unfair sentencing.

[Dao-written judgment] Criminal facts and the summary of evidence acknowledged by the court, and the summary of evidence, are identical to each corresponding column of the judgment of the court below, except for the case where the part of "1. Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" in the last sentence of the judgment of the court below is changed to "a special property damage" and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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