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(영문) 인천지방법원 2013.05.24 2012노2814
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the prosecutor tried ex officio prior to the judgment on the grounds for appeal; the defendant's name of the crime from "violation of the Punishment of Violences, etc. Act (a collective injury with deadly weapons, etc.)" to "injury"; the applicable provisions of law to "in accordance with Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act"; and Article 257(1) of the Criminal Act to "in accordance with Article 257(1) of the Criminal Act"; and the defendant's application for amendment to a bill of amendment to the indictment with the contents of the facts charged as stated below; the court below changed the subject of the

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

At around 06:20 on April 2, 2012, the Defendant: (a) reported that the victim D (the age of 58) who was at the expense was carrying goods on the vehicle, and that the Defendant, the lessee of the building, was trying to walk at the starting of the Karen Car of the Defendant’s drive; and (b) adjusted and adjusted, “whether or not any electricity charges and management expenses are left,” “by telephone to a manager,” and “A”, the Defendant’s operation obstructed the above vehicle from the street, the said vehicle without the victim’s right-hand part in the front part of the vehicle, and then cut off the victim’s right-hand part in the front part of the vehicle, and she was faced with the vehicle and the victim who was faced with the vehicle on the back bend side of the floor, with a view to not going beyond the rear part of the vehicle.

The defendant is also about the victim.

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