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(영문) 서울고등법원 2016.08.18 2016노1047
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Aknife knife 1 knife knife (No. 1), Ra.

Reasons

1. Summary of the grounds for appeal by the defendant: The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

2. When the prosecutor’s ex officio judgment was reversed and the defendant was remanded to the court, the name of the crime in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) is a special injury, and the applicable provisions apply to the defendant. Under Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act, the prosecutor applied for permission to change the contents of Articles 258-2(1) and 257(1) of the Criminal Act. This part of the judgment was changed by this court’s permission.

Since the above special injury crime and the remaining crime are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be sentenced, so the judgment of the court below cannot be maintained any more.

3. In conclusion, 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.

【Re-written part of the judgment below] The criminal facts recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Specific injury: Articles 258-2 (1) and 257 (1) of the Criminal Act;

(b) Specific intimidation: Articles 284 and 283(1) of each Criminal Act.

(c) Specific assault: Articles 261 and 260(1) of the Criminal Act;

(d) Occupations of the suspender building and fire prevention: Article 164 (1) of the Criminal Act;

(e) The occupation of carrying a deadly weapon: Article 7 of the Punishment of Violences, etc. Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a special crime of intimidation between each special crime of intimidation, or between each special crime of intimidation, against C, of which the criminal situation is heavier);

1. Crimes of special intimidation or special assault against punishment;

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