(영문) 춘천지방법원 강릉지원 2016.05.12 2015재노9

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(영문) 춘천지방법원 강릉지원 2016.05.12 2015재노9

폭력행위등처벌에관한법률위반(공동상해)등

Text

Part 1, with the exception of the assault against the victim N, shall be the part against the defendant of the original decision.

Reasons

1. Case progress and scope of trial of this court;

A. On May 15, 2015, the Defendant, together with A, was indicted for a violation of the Punishment of Violences, etc. Act (joint injury). On the other hand, the lower court convicted the Defendant of both the charges against the Defendant and A, and sentenced the Defendant to two years of imprisonment and three years of suspended execution for one year of imprisonment (hereinafter “the lower court judgment”). In addition, A was indicted for a violation of the Punishment of Violences, etc. Act (Habitual intimidation), and on July 23, 2015, the lower court sentenced the Defendant and the Prosecutor to one year, two years of imprisonment, and three years of suspended execution for one year of imprisonment with labor (hereinafter “the lower court’s judgment”). On the other, the lower court’s judgment against the Defendant and the Prosecutor were demoted for two years and two years of imprisonment with prison labor for the Defendant and the No. 2525,205 of the lower court’s judgment as the lower court supporting the Defendant and the No. 2525,000.

Since then, the foregoing case was consolidated with the foregoing case No. 2015 No. 265, and the above court reversed the lower judgment on September 17, 2015, and rendered a dismissal of public prosecution as to assault against victim N among the facts charged against the Defendant. However, the remainder of the facts charged are recognized as guilty, and the Defendant was sentenced to imprisonment with labor for one year and ten months and two years and two months and two months and two months respectively (hereinafter referred to as “the judgment subject to a retrial”). The judgment subject to a retrial became final and conclusive on September 25, 2015.

B. On October 16, 2015, the Defendant filed a motion for a new trial with respect to a judgment subject to new trial. On March 16, 2016, this court rendered a motion for a new trial on the conviction against the Defendant among the judgment subject to new trial.

A decision to commence a new trial was made and the decision to commence the new trial became final and conclusive.

(c)

As seen earlier, the part of the judgment subject to a retrial, which became final and conclusive to dismiss, was excluded from the decision to commence a retrial.

Therefore, it is true.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

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