logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.04.08 2016노6
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and six months.

Reasons

1. The lower court’s reasoning of the appeal is heavy.

2. We examine ex officio the determination.

The prosecutor applied for the modification of the Bill of Amendment to Bill of Indictment to Article 258-2 (1) of the Criminal Act, and the court permitted the modification of the Bill of Amendment to the Bill of Amendment to the Bill of Amendment.

The judgment of the court should be reversed because the subject of the judgment is changed.

3. The judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant, and the following is again decided after pleading.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 (1) of the relevant Act concerning the facts constituting an offense;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of the recommended punishment (Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act are deleted with respect to a crime that inflicts an injury by carrying dangerous articles, and Articles 258-2(1) and 257(1) of the Criminal Act are to apply the sentencing guidelines to a case where a person carried a dangerous article in the military of the crime of general injury in the situation where a new Article 258-2(1) and 257(1) of the Criminal Act is newly established). The aggravated area of the first type (six months to two years);

2. Where he/she commits a crime by carrying with himself/herself a deadly weapon or other dangerous object subject to special aggravation (excluding cases where the armed forces of habitual injury, repeated crime, or special injury are applied);

arrow