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(영문) 대구지방법원 2017.01.13 2015노4102

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment for two years, and Defendant B for one year.

Reasons

1. The summary of the reasons for appeal is that each of the punishments (Defendant A: 2 years of suspended sentence of imprisonment with prison labor for 3 years, Defendant B: 2 years of suspended sentence of imprisonment with prison labor for 1 year and 6 years) declared by the court below to the Defendants is too uneasible and unfair.

2. A prosecutor conducted an ex officio determination: (a) the crime of violation of Article 1 of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) was committed during the first instance trial; (b) the special injury “as to the face”; (c) Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; (d) Articles 258-2(1) and 257(1) of the Criminal Act were amended to “as to the above case’s instant case’s Article 3 of the Criminal Act; and (d) Defendant 2 of the Criminal Act’s Article 6 of the Criminal Act’s Article 7 of the same Act’s Article 1 of the same Act’s Article 7 of the same Act’s Article 1 of the same Act’s Article 6 of the same Act’s Article 6 of the same Act’s Article 7 of the same Act’s Article 5 of the same Act’s Article 6 of the same Act’s Article; and (e) the same shall apply to Defendant 1 of the Punishment Act’s Article 2 of the same Act.

Each of the facts charged against the changed Defendants and the remaining facts charged in the judgment of the court below against the Defendants are the Criminal Act.