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(영문) 대전고등법원 2016.03.18 2015노635
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized kitchen, a kitchen, etc.

Reasons

1. Improper sentencing on the gist of reasons for appeal: The sentence of the court below (one year and six months of imprisonment) is too heavy.

2. We examine ex officio the judgment on the part of the case of the defendant, prior to the judgment on the grounds for appeal by the defendant and the medical care and custody applicant (hereinafter "defendant").

In the first instance of the indictment, the prosecutor applied for the amendment of the indictment to "Article 3 (1), 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act" in the Criminal Act, "Violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" in the name of the crime in which the prosecutor is a party, and the corresponding provision of the law applied accordingly was amended to "Article 258-2 (1) and Article 257 (1) of the Criminal Act" in "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act," and since this court was changed to the subject of the judgment following the permission, the judgment of the court below was no longer maintained.

3. As long as the Defendant appealed on the part of the medical care and custody case, it is deemed that he/she filed an appeal on the medical care and custody case pursuant to Article 14(2) of the Medical Care and Custody Act. However, there is no submission of the grounds for appeal on the medical care and custody case, and there is no ground for reversal ex officio.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing since the part of the case of the defendant among the judgment below is a ground for reversal of the above authority, and the judgment below is again determined as follows. Since the appeal on the part of the case of the medical care and custody is without merit, it is dismissed pursuant to Article 51 of the Medical Care and Custody Act and Article 364(4) of the Criminal Procedure Act

[Reasons for the judgment of the court below regarding the part of the defendant's case] The summary of criminal facts and evidence recognized by this court and the summary of evidence are as stated in each corresponding column of the court below's judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

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