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(영문) 의정부지방법원 2015.07.01 2015노967

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.

10,000 won shall be collected from the defendant.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation, and collection) imposed by the lower court on the Defendant is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio, prior to the judgment on the grounds of appeal by the court below, the prosecutor applied for a modification of the indictment with the content that “Mete Ampia (one-time popon),” in the facts charged of violation of the Act on the Control of Narcotics, Etc. (flavoon) against the Defendant, put the Metepia (one-time popon) in a single-use in a single-use injection machine, melting the Metepia (one time less than 0.03g to 0.05g, one-time popon) into the blood line after being melting in water,” and the modification of the indictment with the content that “the degree of 0.04g of the Metepia (one-time popon (one-time popon) was melted in accordance with the two-round drinking water and then changed the judgment by this court

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence acknowledged by this court are as follows. The facts charged in the judgment of the court below change the degree of 0.04 g g "Melopon (one philopon) clopon into a single injection machine for the Melopon of Melopon (one time, approximately 0.03g to 0.05g mpopon) in the part of the violation of the Act on the Control of Narcotics, etc. (one Melopon) from among the facts charged in the judgment of the court below to "Melopon" as "Melopon (one Melopon (one Melopon) copon) copon into a Melopon," and the summary of the evidence as stated in each corresponding column of the court below except that "1. part of the defendant's court statement" is changed to "1. The defendant's court statement" in accordance with Article 369 of the

Application of Statutes

1. Criminal facts;