logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.06.26 2015노1328
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. As to the summary of the reasons for appeal, the Defendant asserts that the Defendant is too unfasible to the punishment (a year of imprisonment, a completion of 40 hours in sexual assault treatment programs, and a seizure of seized evidence No. 1) of the lower judgment, and that the prosecutor is too unfasible and unfair.

2. In light of the following facts: (a) although the nature of the crime is minor in light of the criminal records of the defendant, and the background leading up to the crime of this case and the fact that the defendant denies part of the charges up to the original trial, the defendant's assertion is reasonable on the grounds that the defendant agreed smoothly with the victims in the trial; (b) the defendant violated the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective deadly Weapons, etc.); (c) the degree of damage of this case is relatively small; and (d) the defendant was deemed to have committed the crime of this case by drinking and contingently; and (e) other matters concerning the records and the sentencing specified in the arguments and arguments of this case, including the defendant's age, occupation, character and behavior, environment, and conditions after the crime,

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is again ruled as follows.

Criminal facts

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

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the choice of punishment, Article 6, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the attempted act of carrying or injuring dangerous articles), and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment) of the same Act;

1. Voluntary mitigation of crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act (as to the punishment of collective weapons, deadly weapons, etc.),

1. Aggravation for concurrent crimes;

arrow