(영문) 대구지방법원 2016.01.21 2015노3922 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.01.21 2015노3922

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of 500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (one year and six months of imprisonment and a fine of one million won).

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

Article 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)1 of the Criminal Act; Article 257(1) of the Criminal Act shall apply to the criminal facts stated in paragraph (1) of the judgment of the lower court.

In this regard, Article 3(1) of the former Punishment of Violences, etc. Act was deleted as the Act was promulgated and enforced by Act No. 13718, Jan. 6, 2016. This is the amendment of the Act based on the reflective consideration that the previous punishment is too serious because it has lost its legitimacy and balance under the penal system, and thus, the Act on the Punishment of Violences, etc. is no longer applicable to the above facts charged. Furthermore, the punishment should be applied to the special crime of injury under Article 258-2(1) of the Minor Criminal Act, and the judgment of the court below has become no longer maintained.

3. 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 argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as shown in the corresponding column of the judgment below, except that the title of paragraph (1) is "1. Special Bodi Injury" as stated in the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1), 257 (1) (a) and 266 of the Criminal Act concerning the crime in question; and Article 266 of the same Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act concerning the concurrent crimes of injury by negligence (only between the crimes of injury by negligence);

1. Punishment;

참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

-수원지방법원 2016.01.13 2015노3758

-대구지방법원 2016.01.29 2015노4941

-대구지방법원 2016.01.29 2015노4066

-대구지방법원 2016.01.29 2015노4647

-대구지방법원 2016.01.29 2015고단5567