logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.02.03 2015노2025
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years of imprisonment.

(2) the date of this judgment.

Reasons

1. The lower court’s sentence (two years of suspended sentence, three years of suspended sentence, and 240 hours of community service order) based on the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. Before making a judgment on the grounds for an ex officio appeal, the prosecutor applied for changes to “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act,” and “Article 257(1) of the Criminal Act,” “Article 258-2(1) and Article 257(1) of the Criminal Act,” as “Article 258-2(1) of the Criminal Act, and Article 257(1) of the Criminal Act,” and the judgment below was no longer maintained in this respect, since the subject of the judgment was changed by this court’s permission.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act (a point of special injury) concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in a number of criminal records identical to the defendant, and the crime of this case is committed in favor of others, such as: (a) the fact that the defendant's main part of the victim who is a dangerous object was forcibly lowered by using a small-scale illness, which is a dangerous object; and (b) the fact that the victim did not agree with the victim; (c) while at the same time, the defendant seems to be against the victim's mistake; and (d) the degree of the victim's injury was not much serious due to the diversified, gambling, and heat that require the victim's treatment for about 2 weeks; and (d)

arrow