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(영문) 서울고등법원 2016.04.14 2016노121
살인등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for fifteen years.

Aknife, seized knife.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the lower court on the Defendant and the person who requested attachment order (hereinafter “Defendant”) and the person who requested attachment order (hereinafter “Defendant”) is too unfasible and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal on the part of the case by the defendant, the prosecutor examined ex officio, and the prosecutor applied the provision of the law to the effect that "Article 3 (1), Article 2 (1) 1, and Article 319 (1) of the Punishment of Violences, etc. Act" is changed from "Article 320 and Article 319 (1) of the Criminal Act" to "Article 320 of the Criminal Act, and Article 319 (1) of the Criminal Act," and the part of the case by the judgment of the court below cannot be maintained any further because the court permitted it.

B. As long as a prosecutor filed an appeal on the part of the medical care and custody case and the part of the attachment order case, each appeal on the medical care and custody case and the attachment order case pursuant to Article 14(2) of the Medical Care and Custody Act and Article 8 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. are deemed to have been filed. However, there is no assertion of specific grounds for appeal on these parts and there is no ground for reversal ex officio.

3. The part of the judgment of the court below regarding the defendant's case is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal, and the part concerning the treatment and custody case and the part concerning the attachment order case are again decided as follows. Since the appeal by the prosecutor as to the treatment and custody case and the part concerning the attachment order case is without merit, the judgment of the court below is dismissed in accordance with Article 51 of the Medical Care and Custody Act, Article 35 of the Act on the Protection and Observation of Specific Criminal Offenders, and Article 364 (4) of the Criminal Procedure Act.

Criminal facts

b) the summary of the evidence and evidence.

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