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(영문) 부산지방법원 2016.02.05 2015노3526
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two years of imprisonment with prison labor for a year, two years of suspended execution, community service) is too unreasonable.

2. The prosecutor of the judgment ex officio shall apply the name of the crime in the trial of the party to "Violation of the Punishment of Violences, etc. Act (Assault, etc., such as a group or deadly weapon) and the Punishment of Violences, etc. Act (damage to property, etc., such as a group or deadly weapon)", and Article 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1), 366, 40, 37, and 38 of the Criminal Act, "Articles 261, 260(1), 369(1), 366, 40, 37, and 38 of the Criminal Act," and each court has no longer been able to amend the above provisions of the Act to "an amendment to an amendment to an amendment to an Act by modifying an Act by modifying the amendment to an Act."

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, on the grounds that the above reasoning of the court below is reversed ex officio. It is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260(1) (a) of the Criminal Act that prescribes the choice of punishment (a point of special assault, choice of imprisonment with prison labor) and Articles 369(1) and 366 of the Criminal Act (a point of destroying special property and a choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant recognized all of the crimes of this case and reflects them, and that it appears to be a contingent crime, and that all damage caused by the crime of destroying property among the crimes of this case has been recovered.

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