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(영문) 의정부지방법원 2016.01.19 2015노3035
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment with prison labor) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's authority, prior to the judgment on the grounds for appeal by authority, the prosecutor applied "A violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" in the name of the crime as "special injury", and "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" in the applicable law, "Article 258-2 (1) and Article 257 (1) of the Criminal Act" to "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act", and since this court permitted this and changed the same, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of facts and evidence acknowledged by this court is as follows: "1. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" in 17th page 17 of the original judgment among the facts constituting the crime in the original judgment, and "2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and damage to special property" in 2th page 7 of the second instance judgment are as stated in each corresponding column of the original judgment, except where "2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and damage to special property" are as "2. Special injury and damage to special property." Thus, it is cited as it is in accordance

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (the point of inflicting an injury on carrying a dangerous object) of the Criminal Act concerning facts constituting an offense, and Articles 369 (1) and 366 of the Criminal Act concerning the selection of punishment (the point of destroying dangerous goods carrying a dangerous object, and the choice of imprisonment);

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, are the Defendant’s attempt to commit fire to a structure existing on June 8, 2012.

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