beta
(영문) 수원지방법원 2013.12.18 2013노4689

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.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the indictment of this case to the following facts charged at the time of the trial, and the subject of the judgment by this court was changed by permission. Thus, the judgment of the court below is no longer able to maintain it in this respect.

3. Therefore, 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, and the judgment below is again decided as follows after hearing.

Criminal facts

The summary of the facts of the crime and the evidence acknowledged by this court is as follows. The summary of the judgment of the court below is as follows: "In case where the victim H's left part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part of the treatment days is added when the victim H part part part part part part part part part part of the treatment days in one time, and "1. first part part part part part of the evidence (H)" is added to the summary of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Articles 257 (1) and 2 (1) 1 of the Criminal Act; Articles 260, 144 (1), 136 (1) and 141 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for the crime of special obstruction of performance of official duties and damage to public goods;

1. Article 35 of the Criminal Act among repeated crimes (the crime of injury by group, deadly weapons, etc.) ;